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Full text of "NYC BUILDING (2008): New York City Building Code"

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2008 New York City Building Code 



First Printing: July 2008 



ISBN-978-1-58001-716-9 (loose-leaf) 



The New York City Construction Codes are based on the 2003 I-Codes, which is a copyrighted work owned by the International 
Code Council. ICC reserves all rights in its copyrighted works. For information on permission to copy material exceeding fair use, 
please contact: Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). For 
information from New York City, please contact: Code Counsel, New York City Department of Buildings, 280 Broadway, New 
York, New York 10007. 

Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trade- 
marks of the International Code Council, Inc. 



PRINTED IN THE U.S.A. 



DEDICATION 

The New York City Construction Codes reflect the work of many, many people and organizations. The story of their development, 
detailed in the following pages, barely scratches the surface of the passion, determination, and focus that launched and kept the ef- 
fort going from beginning to end. The singular voice we heard at every juncture was that of Patricia J. Lancaster, FATA, Commis- 
sioner of Buildings during the period of the codes' development, adoption, and implementation planning. Without her, none of this 
would have been possible. And so, we thank the Commissioner and dedicate this first publication of the New York City Construction 
Codes in her honor. 



Fatma Amer, PE Benjamin Jones, PMP Phyllis Arnold 

Deputy Commissioner and Assistant Commissioner Deputy Commissioner and 

Chief Code Engineer Strategic Planning and Chief Code Counsel 

Implementation 



2008 NEW YORK CITY BUILDING CODE 



NEW YORK CITY CONSTRUCTION CODES 

PREFACE 



Background 

The New York City Construction Codes, effective July 1 , 2008, are patterned after the family of model construction codes pub- 
lished by the International Code Council (ICC). While the ICC Codes, with their interpretive commentary and history of amend- 
ments, will in the future be a rich new source for interpreting the City's building laws, New York City has extensively modified the 
ICC text. As modified, the provisions incorporate the collective wisdom of more than 350 years of building regulation in the City. 

New York City was the first jurisdiction in the country to experience the problems associated with building construction in a 
high-density urban environment and the first to attempt to solve them through regulatory measures. In 1625, the Dutch West India 
Company established rules for the types and locations of houses that could be built in the colony of New Amsterdam. This early at- 
tempt at meeting public safety and sanitation needs would evolve into one of the most comprehensive building codes in the United 
States. 

Based initially on fire prevention principles, the City's regulations evolved into provisions governing sanitation and building 
construction and materials. From their start in the late 17th century, to creation of the position of "Superintendent of Buildings" 
within the Fire Department in 1860, to creation of a city wide Department of Buildings in 1936, through comprehensive revisions in 
both 1938 and 1968, the City's building code grew to become one of the most stringent in the nation. The 1938 revisions were 
geared toward capturing provisions to meet the needs of new skyscrapers and multiple dwellings. The 1968 revisions were designed 
to incorporate new technologies and building practices, including performance criteria for building construction. 

The 1968 revisions reflect the last comprehensive update of New York City's building construction laws. Predictably, they had 
begun to show their limitations. Obsolete provisions remained on the books, conflicting amendments became loopholes for indus- 
try to navigate, and new technologies and construction practices that had become industry standards were noticeably absent. Signif- 
icant amendments over the years tended to be reactions to unfortunate events rather than comprehensive revisions. 

Recognizing these problems, in November 2002, Mayor Michael R. Bloomberg signed Executive Order No. 30, creating an ad- 
visory commission to study the feasibility of adopting a model code for the City. The Mayor's Advisory Commission issued its re- 
port in May 2003, recommending that the City adopt, in modified form, the ICC's family of codes. The NYC Construction Codes 
Program* was born, housed in and supported by the City's Department of Buildings ("Department"). 

Construction Codes Program 

Although many jurisdictions have adopted the I-Codes, New York City is recognized as a unique and premiere urban environ- 
ment. No other American city can match the diversity of New York's built environment. From the canyons of Manhattan to the 
brownstones and houses of Brooklyn, Queens, the Bronx, and Staten Island, New York City poses a unique challenge for any build- 
ing code. As a result, the City extensively rewrote the I-Codes in many technical areas. Some chapters were deleted entirely and re- 
placed with requirements that better reflect the City's singular needs. 

Moreover, given the complex nature of New York City's built environment, the Department of Buildings performed exhaustive 
reviews of the proposed code to determine the impacts it might have on the City and the construction industry, including a cost im- 
pact study and an environmental assessment. In terms of scope and level of review, New York City's construction code effort was 
more akin to a state- level effort. 

The Code Development Process 

Although administered by the Department, the Construction Codes Program reached well beyond the agency's corridors. In an 
unprecedented public/private partnership, over 400 participants from the architectural and engineering community, industry, labor, 
and government contributed more than 300,000 hours attending more than 500 technical, advisory, and managing committee meet- 
ings, as they pored over and developed new text and debated policy. 

Recognizing that any significant stakeholder opposition at the City Council could frustrate the effort, the Department used a con- 
sensus-based model. Technical committees were asked to reach agreement on as many proposed changes as possible, a process that 
yielded a result on all but about two dozen issues. The Department mediated a resolution on seven of those issues, and the Commis- 
sioner made the final determination on the remaining ones. The result was that virtually all stakeholders walked away with some- 
thing and had an interest in seeing the product enacted as law. Issues that proved too difficult to resolve for this revision were 
committed to the 3 -year revision cycle contemplated by the ICC model. 

The first phase of the Construction Codes Program was completed in December 2005, when the Council enacted and the Mayor 
signed Local Law 99 of 2005. That legislation established the blueprint for the City's adoption effort: it enacted a new Title 28 of the 
New York City Administrative Code reflecting new administrative and enforcement provisions as well as a new plumbing code; it 
contemplated the subsequent passage of a completion bill, consisting of a new building code, mechanical code, fuel gas code and 
^Formerly Model Code Program 
iv 2008 NEW YORK CITY BUILDING CODE 



residential code; and it provided an effective date of July 1 , 2007 for all provisions, provided that the completion bill was passed by 
that date. 

Local Law 33 of 2007 was that completion bill. It revised the administrative and enforcement provisions of Local Law 99. Many 
of those provisions were edited and placed in more appropriate locations in the first chapter (Chapter 1) of the individual codes. 
Moreover, Local Law 99 did not contain a complete and uniform schedule of penalties, requiring the development of an integrated 
enforcement text. And of course, it filled out the technical provisions of the new construction codes by adding a new building code, 
fuel gas code, and mechanical code. Local Law 33 repealed those portions of Titles 26, 27, and 28 of the Administrative Code super- 
seded by the new provisions. All portions of the new construction codes are effective July 1 , 2008, although they will not be manda- 
tory until July 1, 2009. 

Three other local laws complete the package of legislation reflected in this publication: Local Laws 37 and 3 8 of 2007 and Local 
Law 8 of 2008. Each of those enactments contained provisions either making nonsubstantive corrections and clarifications or incor- 
porating stand-alone legislation that was not reflected in Local Law 33. 

Structure and Applicability of the New Codes 

The new Title 28 contains five chapters that will govern all of the new construction codes, covering administration, enforcement, 
maintenance obligations, licensing, and miscellaneous provisions, including outdoor signs. These provisions were written by and 
for New York City and thus do not appear in the I-Codes. They are followed by four additional chapters containing the plumbing, 
building, mechanical, and fuel gas codes. Each of the individual codes, in turn, contains a Chapter 1 with additional administrative 
provisions applicable to the specific matters covered by the particular code. Each of the separate codes reflects modifications to the 
I-Codes. 

Section 28- 101.4 contains the effective date provisions. The new codes will apply effective July 1 , 2008, prospectively to all new 
construction. For a period of 1 year after the effective date, owners may elect to use the technical requirements of the 1 968 building 
code for new buildings and for alterations of existing buildings. After that 1 year period, new construction must comply with the new 
codes. However, alterations of existing buildings, at the option of the owner, will be permitted to comply with the 1968 building 
code, with significant exceptions noted below that the Department determined are sufficiently important to public safety to be im- 
plemented immediately regardless of the choice of underlying code. 

Provisions of Title 28 that apply to all codes should be cited as "28-section number." The technical codes may be cited sepa- 
rately; provisions of each should be cited as "PC section number," "BC section number," "MC section number," and "FGC section 
number" Section 28-101.3 governs the interpretation of the various codes, sections, and subsections of the law by providing: 

28- 101 .3 Codes. Any reference in this title to "this code" or "the code" shall be deemed to be a reference to this title and all of the 
codes comprising the New York City Construction Codes unless the context or subject matter requires otherwise. Whenever a 
section or subsection of this code is cited or referred to, subordinate consecutively numbered sections and subsections of the 
cited provision are deemed to be included in such reference unless the context or subject matter requires otherwise. 

While the Department expects to promulgate new rules necessary to implement the new codes, Local Law 8 provides that exist- 
ing rules are continued: 

§28-103.20 Rules. Rules promulgated by the department in accordance with the law in effect prior to the effective date of this 
code shall remain in effect for the matters covered to the extent that such rules are not inconsistent with this code unless and until 
such rules are amended or repealed by the department. 

Existing Buildings 

While the ICC family of codes includes an existing building code, the Department determined to continue to allow compliance 
with the 1968 code as a first step in transitioning from the 1968 code to a new set of standards for all buildings. Once the codes re- 
garding new construction are in place, the Department will turn to the development of an existing building code for the city, antici- 
pated within the next 2 to 3 years. In the interim, at the owner's option, existing buildings may be governed by either the new codes or 
the technical requirements of the 1968 building code. The latter option is subject to several important exceptions: 

8 Where permits were issued prior to July 1, 2008, construction will be governed by the laws in effect prior to July 1, 2008. 

• As of July 1, 2008, except as otherwise limited by the commissioner, administration and enforcement will be in accordance 
with the new provisions, including but not limited to approval of construction documents, issuance of permits and certifi- 
cates of occupancy, tests and inspections, penalties and enforcement. Controlled inspections and semi controlled inspections 
as referenced in the 1968 building code will be deemed to be special inspections and will be required to comply with the new 
provisions relating to special inspections. Materials regulated in their use by the 1968 building code will be required to com- 
ply with the new provisions. 

• For permits issued after July 1 , 2008, construction operations, including demolition, will be required to comply with the new 
construction codes. 

• As of July 1, 2009, encroachments onto the public right-of-way will be governed by the new construction codes. 

2008 NEW YORK CITY BUILDING CODE v 



* As of July 1, 2009, appliances, equipment, and systems regulated by the plumbing, mechanical and fuel gas codes will be re- 
quired to comply with the new construction codes. 

* As of July 1 , 2009, installation, alteration and additions to certain fire protection systems will be required to comply with the 
new construction codes. 

* As of July 1 , 2009, installation and alteration of certain elevators, conveyors, and amusement rides will be governed by the 
new construction codes. 

9 As of July 1, 2009, where the estimated cost of an alteration in any 12-month period exceeds 50 percent of the cost of re- 
placement of the building or where there is a change in the main use or dominant occupancy of the building, facilities for 
people with physical disabilities must comport with the new construction codes. 

The City did not enact a new residential code. The ICC's residential code covers one- and two-family dwellings three stories or 
less, whereas its building code covers all other new buildings. After reviewing the work product of the technical committees that de- 
veloped the text, the Department concluded that the City could effectively address one- and two-family dwellings in the body of the 
building code itself. Accordingly, the new building code covers new construction of all building types. 

Enforcement of Construction Codes and their Relationship to New York State Law 

The Department is charged with the responsibility for enforcing the construction codes in the City. New York City Charter §643. 
Effective January 2003, New York State adopted its version of the I-Codes, but they do not govern in New York City. Executive Law 
§383. However, the City is subject to the Energy Conservation Construction Code of New York State ("Energy Code"). Accord- 
ingly, the Department enforces both the New York City Construction Codes as well as the State Energy Code in New York City. 

Codes Maintenance 

At the national level, the I-Codes are kept current through the review of proposed changes submitted to the ICC by code enforce- 
ment officials, industry representatives, design professionals and other interested parties. Proposed changes are considered through 
an open code development process in which all interested and affected parties may participate. 

The Department is mandated by Local Law 33 to review the latest edition of the I-Codes and to suggest modifications for use 
within New York City. This cycle will help ensure that New York City maintains an updated set of construction codes far into the fu- 
ture. This revision cycle is anticipated to occur every 3 years. 

Marginal and Other Markings 

Solid vertical lines in the margins within the body of the codes indicate a technical change from the 2003 version of the I-Codes. 
Deletion indicators (^) are provided in the margin where a paragraph or item has been deleted. 

A double dagger (%) within the body of the codes indicates text that is corrected from the enacted legislation for purposes of clar- 
ity. Substantive corrections will appear in future code revisions. 

Indices 

These codes do not include indices. An index for each of the individual codes will be available at a later date on the New York 
City Department of Buildings Website (http://www.nyc.gov/html/dob). 



2008 NEW YORK CITY BUILDING CODE 



ACKNOWLEDGEMENTS 

The New York City Department of Buildings gratefully acknowledges the following individuals who 
contributed to the development of the New York City Construction Codes. 

Mayor Michael R. Bloomberg 
Deputy Mayor Daniel L. Doctoroff 

Deputy Mayor Edward Skyler 

NEW YORK CITY COUNCIL 

Christine Quinn, Speaker 

Gifford Miller, Speaker 

Housing and Buildings Committees 
Erik Martin Dilan, Chair 

Members : Tony Avella: Maria Baez; Leroy G.Comrie, Jr.; Lewis A. Fidler; Robert Jackson; RosieMendez; James S.Oddo; Joel 

Rivera; Thomas White, Jr.; James Vacca 

Madeline Provenzano, Chair 
Members : Tony Avella; Gale Brewer; Leroy G. Comrie, Jr.; Lewis A. Fidler; Robert Jackson; Letitia James; MelindaKatz; James 
S.Oddo; Diana Reyna; Joel Rivera 

MANAGING COMMITTEE 
Members: Julian Bazel; Robert Benazzi, PE; John Bower, PE; Aine Brazil, PE; Irwin Cantor, PE; Bernie Carr; Louis J. Coletti; 
Anthony Crowell; Marolyn Davenport; Chief Stanley Dawe (retired); Edward DePaola, PE; Enzo Depol, AIA; Erik Martin Dilan; 
Carl Galioto, FAIA; Melvin Glickman; Maria Gotsch; Jessica Handy; Chief Howard Hill, FDNY (retired); Chief Thomas Jensen; 
Timothy Joseph; Henry C. Kita; James Kunen; Gary LaBarbera; Nicholas LaPorte; Fred Lindquist, PE; Ronny Livian, PE; Pam 
Loeffelman; Edwin Lopez; Edward Malloy; Herbert Mandel, AIA; James Maxwell; Raymond McGuire; Patrick McPartland, PE; 
Brian Meacham, PE; Peter Molinaro; Monty Mitchell, AIA; FrumaNarov, PE; Patty Noonan; Paul O'Brien; Stewart O'Brien; Anne 
Papageorge, RLA; Madeline Provenzano; Martin Rebholz, RA; George Reilly; Jack Rudin; Matthew Sapolin; Ismene Speliotis; 
William Stein, AIA; Gerard Vasisko, AIA; Chester Vogel, PE; Margot Woolley; Michael Zenreich, RA 

TECHNICAL COMMITTEES 

Accessibility 

Matthew Sapolin, Chair 

Robert Piccolo, AIA, Co-chair 

Members : Fredric Bell, FAIA; Brian Black; Dennis R. Boyd; Douglas W. Boydston; Marrilie Camhe; Gregory J. Carlson; Charles 
Cellura, PE; Ernest Conrad, PE; Marolyn Davenport; Anne M. Davis; Enzo Depol, AIA; Sheila Horgan; Nicholas A. Kaminski; 
Mark H. Leeds; Diane Lowy; Dominic Marinelli; Jason R. Mischel; Terrence J, Moakley; Edward D. Re, Jr., RA; Mary Ann 
Rothman; Charles Rudesill, RLA; John A. Van Deusen; Elliott Vilkas, AIA; Linda M. Volpe; Suzanne Wertz, AIA; Brian M. White; 
Alexander Wood 



2008 NEW YORK CITY BUILDING CODE 



Administration/Enforcement 
Fatma Amer, PE, Chair 
Marzio Penzi, Co-Chair 

Memhem: Susan Bacas; Fredric Bell, FAIA; Harvey Brind; John M. Callahan; Suzanne Carroll; Marolyn Davenport' Albert 
Fredericks; James Hiram; Janene Jaeger: Michael Jaycox; David May, RA; Peter McCourt; Stewart O'Brien- John O'Donoghue- 
Christine Pawelczak; Joseph Polcha; Martin Rebholz, RA; Dennis Rizzo; George Roussey ; Douglas Roy; Medhat Salaam- Manuel 
A. Santiago, RA; Gaston Silva, RA; Carole Slater; Paul Spears; Jose Valencia; Kenneth Warshaw; Margot Woolley, AIA; Tarek 

Construction Requirements 
Ronny A. Livian, PE, Chair 
Enzo Depol, AIA, Co-Chair 

MejBbers: Joseph Aliotta; Robin Burns; Colin Cheny; Dennis Crichton; Glen V. Cutrona, AIA; Nicholas Grecco PE' Gary B 
Higbee, AIA; Harold Jupiter; Jeffrey Kieffer; Edward T. LaGrassa, RA; Joseph Razza, PE; Brendan Weiden, PE ' ' 

Construction Safety / Demolition 

Louis J. Colletti Chair 

Henry C. Kita, Co-Chair 

Members : James Bifulco; David Bolger; Kenneth Brancaccio; Ken Buettner; James Conway; Marolyn Davenport* Ted Frank- Al 
Gerosa; Michael Handler; Joseph S. Kaming, PE; Michael LaBate; Chief Daniel Martinetion, FDNY' Frank McArdle- Jerry 
McCloskey; Joyce Nastasi; Paul O'Brien; John O'Hare; James Ramsburgh; Bruce Rottner; Larry Shapiro, PE- Joseph Voualas- 
Harry Weidmyer ' ' to ' 

Egress 

William Stein, FAIA, Chair 

John McCormick, PE, Co-Chair 

Members : Warren Calwil > AIA ; Roberta Darby Curtis, AIA; Sheila Horgan; Mariana Lishnevski, RA; Chris Marrion PE* Guy 
Maxwell, AIA; William McShane, PE; Richard Murphy; Peter E. Olney, AIA; Michael Plottel, AIA; George Shelden AIA- 
Kathleen Sullivan, AIA; Chief Jack Taddeo, FDNY; Ron Tagliagambe, RA; Hamir Vadi, RA; Chief James Wendling, FDNY 

Elevators 
Patrick McPartland, PE, Chair 

Members : Christopher Afuwah; John Beckmann; Jeff Blain; Tom Donovan; Jim Duffy; Jerry L. Frascelli; Caiman Goldstein, PE • 
Hubert Hayes; Shaji Joseph; Andrei Peck; John Merkel, PE; Nicholas Montessano; Kevin Murphy; Robert Walsh 

Existing Buildings 

Michael Zenreich, RA, Chair 

Monty Mitchell, AIA, Co-Chair 

Members : George Belnavis; Warren Calwill, AIA; Marolyn Davenport; Elliott M. Glass; Alex Herrera; Ambrose A Kelly AIA- 
Ben Lavon, PE; Robert J. Marino; Elizabeth McTigue; William Neeley; Robert K. Otani, PE; Michael Plofker, AIA; Brian White- 
Maria Yao 

Fire Protection 

Chief Stanley Dawe, FDNY (retired). Chair 

Chief Howard Hill, FDNY (retired), Chair 

John Bower, Co-Chair 

Members ; Glenn R Corbett; Captain John Dunne, FDNY; Joseph P. Esposito; Chief Edward Ferrier, FDNY; James W Guinan PE* 
Michael P. Gimpel; Thomas Hill; David Jacoby, PE; Chief Thomas Jensen, FDNY; Frank Lorenz, PE; Chris Marrion, PE; Joseph 
McCormick Jr.; James McGowan; Jack J. Murphy; Nicholas Peluso, RA; Joseph Razza, PE; Chief Patrick Savage, FDNY; Frank J. 
Servello; Chief Ronald Spadafora, FDNY: Jack Torpey ; Stephen Weinryb, AIA; John J. Whalen 

Vlii 2008 NEW YORK CITY BUILDING CODE 



Materials 
Fruma Narov, PE, Chair 

Members : Carmine Attanasio; Casimir Bognacki, PE; Pablo Bruno; Sam Francis; Thomas Gesauldi; Raymond Heun, PE; Sheila 
Horgan; Jonathan Humble, AIA; Eve Lustig; Stephen Moro; Mathew Park, AIA; Carmela Pasqua; Michael Peragine; Steve 
Rosario; Michael Stallone; Siglinde Stern, RA; Robert Vecchio, PhD, PE; Judith Zuckerman 

Mechanical 
Chester T. Vogel, PE, Chair 

Members : Valentin Antohi, PE; Rock J. Antonios, PE; Edward T. Bosco, PE; Chief Richard Callery, FDNY; Ernest Conrad, PE; 
Elias F. Dagher, PE; Frank DeNicola; John L. Elder, PE; Joseph P. Esposito; Roger Firoozan; Robert F Germain, PE; James Hansen, 
PE; William Hayes; Kevin T. Lillis; John Maniscalco; Christopher O. McHugh, PE; Paul Parker; Daniel J. Pitiger; Abraham 
Pitsirilos; Ashok Raiji, PE; Michael Reese, PE; Chaya Romano, PE; Alfred Schroeder; Thomas A. Seery, PE; Mitchel W. Simpler, 
PE; William M. Singer, RA; John S. Solla, PE; David Tanenbaum, PE; Laurence Turner, PE; James D. VerEecke, PE; Saul Wechter; 
Donald J. Winston, PE; John Yacovone 

Plumbing 
Robert Benazzi, PE, Chair 

Members : Edward J. Angelone; Julius Ballanco; Robert J. Bellini; John D. Callaghan; Thomas Cavallo; Jon J. Conway; Dom Diaz; 
Charles A. Dimino; Robert Greenburg; James Hart; John Hubbard; Kenneth E. Klein, PE; Garo Koumijian, CIPE; Aydin Kurun; 
Dan Lucarelli; Kush Makhijani; John D. McMullen; Ardash Meguerdichian; Anthony J. Montalto; Phillip F. Parisi Jr.; George W. 
Reilly; Robert J. Ricco Sr.; Anthony Rini; Stephen Rosario; Vincent Scialli; Richard A. Stamm, PE; Vic Struber; Richard Toder; 
Hershel Weiss, CIPE; Battalion Chief Brian M. White, FDNY; Leonard A. Williams; Frantz V Woolley, PE 

Residential 
Herbert L. Mandel, AIA, Chair 
Gerard Vasisko, AIA, Co-Chair 

Members : Willis DeLaCour, AIA; Steven Faicco, RA; Michael S.Gelfand, AIA; Alan Goldstein, AIA; Battalion Chief Edwin 
Huberts, FDNY (retired); Edward Lauria, PE; Nicholas Lembo; David Mandl, AIA; James McCullar, FAIA; Battalion Chief John 
McEneaney, FDNY; James Muscianesi; Steven Pekofsky; Eftihia Tsitiridis, AIA; Richard Visconti, AIA; Susan Wright, AIA 

Structural / Foundation 

Irwin G. Cantor, PE, Chair 

Edward M. DePaola, PE, Co-Chair 

Members : Robert Abramson, PE; Hamid R Adib, PE; Robert Alperstein, PE; William F Baker, PE; Tim Barnard, PE; Andrew 
Ciancia, PE; Frank M. Clemente, Jr., PhD, PE; Charles A. DeBenedittis; Brian A. Falconer, PE; Bill Faschan, PE; Satyendra K. 
Ghosh; Ramon Gilsanz, PE; Douglas P. Gonzalez, PE; Jacob Grossman, PE, FACI; Borys I. Hayda, PE; Kenneth A. Hiller, PE; 
Cawsie Jijina, PE; Robert Ledwith; Craig A Leech, PhD, PE; J. Butch Almazan Macutay, Jr., PE; Stephen S. Marchese, PE; Joel 
Moskowitz, PE; Michael Mota, PE; Andrew D. Mueller-Lust, PE; Sissy Nikolaou, PhD, PE; Allan Paull, PE; Ricardo M. Pittella, 
PE; Ahmad Rahimian, PhD, PE; Karl J. Rubenacker, PE; Raymond E. Sandiford, PE; Christopher Schneider; Jeffrey Smilow, PE; 
Robert Smilowitz, PE; Michael J. Squarzini, PE; George J. Tamaro, PE; Andrew Vanderveen; Bojidar Yanev, PE; Bernard Yostpille, 
PE; John Zils, PE; Rick Zottola, PE 



2008 NEW YORK CITY BUILDING CODE 



ADVISORY COMMITTEES 



Affordable Housing 

Bertha Lewis/Ismene Speliotis, Co-Chair 

Bernie Carr, Co-Chair 

Members Vicki Been; Les Bluestone; Carlton Browne, RA; James Buckley, Don Cappocia; Howard Chin, RA; Willis Delacour; 
John Ferndell; Maureen Friar; Cindy Harden; David Hunter; Carol Lamberg; Brad Lander; Roland Lewis; Magnus Magnusson, 
AIA; Lucille McEwen; Constantino Sagonas; Petr Stand; Hugo Subotovsky, AIA; Philip Tugendrajch; John Tynan; Adam 
Weinstein 

Banking and Insurance 
Peter Molinaro, Co-Chair 
James Maxwell, Co-Chair 

Members: Berdj Benlian; Joseph Charczenko; James Chin; Ralph Dorio; Dorothy Harris; Matthew Kamin, PE; Roberta Kotkin; 
John Murphy; Thomas Reilly 

Economic Development 

Maria Gotsh, Chair 
Patty Noonan, Co-Chair 

Members: Sandra Acosta; Bill Fair; Veronica Hackett; Susan L. Hayes; Damon Hemmerdinger; Melissa Konur; Irwin Lefkowitz, 
AIA; George Mejias; Richard Radliffe; Jeff Roseman; Frank J. Sciame; Mitch Simpler, PE; Scott Simpson, FAIA; Stanley Stark, 
AIA; Marilyn J. Taylor; Daniel R. Tishman; Elise Wagner; John F Williams; Jane Woodcock; Alan Yood 

Labor 
Gary LaBarbera, Chair 

M e mb er s : Kuba Brown; James P. Conway; Martin Daly; Thomas Gesualdi; Dennis Ippolito; Howard Kelly; Robert Ledwith; Brian 
Mullins; George W. Reilly; John Torpey; Sandy Vagelatos 

Risk & Security 

Brian Meacham, PhD, PE, Chair 

Gayle Katzman, PE, Co-Chair 

Mario Palmieri, RA, Co-Chair 

Members : George Bauries, PhD; Matt Bednar: Len Billet; Dan Brown; Andy Chin; Peter Ciotoli; Cheryl Coto; Dorothy Harris; 
David Harville; Gary Higbee; Gayle Katzman, PE; Stuart Klein; Tracy Leibowitz; May Ann Marrocolo; Lt. Cmdr. Luis Martinez, 
USCG; Mario Palmieri, RA; Ashok Patel, PE; Joseph Razza, PE; Brady Richards; Marco Shmerykowsky, PE 

Sustainability 
Deborah Taylor, AIA, Chair 

Members: Carlton Browne, RA; Scott Ceasar, PE; Colin Cheney; Earnest Conrad, PE; Randolph R. Croxton, FAIA; Michael 
Deane; Martin Dettling; Susan Drew, FAIA; Robert Fox, FAIA; Robin Guenthher, FAIA; Ashok Gupta; Mark Harari, PE; Adam 
Hinge, PE; Susan Kaplan, LEED AP; Henry C. Kita; John Krieble, RA; Joyce Lee, AIA; Murray Levi, AIA; Robert Licopoli, PE; 
Warren Liebold; James A. Luke, PE; Helena Meryman, PE; Dr. Albert Montague; Dan Nail, FAIA, PE; Thomas Outerbridge; 
Anthony O. Pereira; Thomas Scarola; William Stein, FAIA; Adrian Tuluca, FAIA; Anthony Woo, PE 



2008 NEW YORK CITY BUILDING CODE 



NYC DEPARTMENT OF BUILDINGS 
Rosaura Almonte; Oscar Alvarez; Fatma Amer, PE; Susanne F. Arbitman; Phyllis Arnold; Fred Badalamenti; Jon Bosse; 
Irving Brofsky; Sharon Brown; Louis J. Bunk; James Colgate, RA; Arthur Cordes; Maurice Cosentino; Robert Daly; Makeda 
Davis; Danielle Delahanty; Michelle Depew; Siun Derkhidam; Dan Eschenasy, PE; Donald Franklin; Bonnie Gerard; Allison 
Ginsburg; Helen Gitelson; Adam Goold; Randi Gordon; Donald Gottfried; Danielle Grillo; Faizul Haque; Robert Iulo; Benjamin 
Jones, PMP; Natarsia Joye; Kelly Kamen; Kristen Keller; Patricia Ketterer; Bethany Klein, PE; Patricia Knobloch, RA; Stephen 
Kramer; Marietta Kremmidas; Derek Lee, RA; John Lee, RA; Vivian Lieberman; Terrence Lin, PE; Timothy Lynch, PE; Andrea 
Maggio; Sam Marcovici; Ronald McCain; Sabrina Panfilo; Marinetta Paone; Marzio Penzi; Alan Price; Sharmila Rampersaud; Eric 
Reid, PE; Gathfney Sanders; Sandy Santemaria; Michael Schneider; Mona Seghal; Chantal Senatus; Manher Shah, PE; 
Bashirahmed Shaikh, PE; Charles Shelhamer; Dehlia Shumway, PE; Sharima Singh; Constadino (Gus) Sirakis, PE; Deborah 
Taylor, AIA; Glanda Thomas; Lei Tian; Luis Torres, Valerie Tourso; Jr.; Laurence Turner, PE; Andrey Vishev; Harry Vyas; Keith 
Wen, RA; Peggy Willens; Dennis Zambotti 

NYC CITY COUNCIL STAFF 

Rick Arbelo; Benjamin Goodman; Jeffrey Haberman; Terzah Nasser; Ramon Martinez III, Kamilla Sjoden 

NYC LAW DEPARTMENT 
Stephen Ackerman; Martha Alfaro; Andrea Berger; Michael Cardozo; Carlos Cruz-Abrams; Kevin Ellis; Andrea Fastenberg; 
Spencer Fisher; Tal Golomb; Ashley Goodale; Olivia Goodman; Steven Goulden; William Heinzen; Jack Hupper; Stephen Louis; 
Phebe Macrae; Karen Miller; Keith Miloscia; Ines Nedelcovic; Michael Pastor; Melanie Perez; Jonathan Pinn; Natalie Prokop; 
Evan Sinclair; Rochelle Wakefield; Katherine Winningham 

OTHER GOVERNMENT AGENCIES 

New York City Department of City Planning; New York City Economic Development Corporation; New York City Department of 
Environmental Protection; New York City Department of Health & Mental Hygiene; New York City Department of Housing 
Preservation & Development; New York City Landmarks Preservation Commission; New York City School Construction 
Authority 

PORT AUTHORITY OF NEW YORK & NEW JERSEY 
Casimir Bognacki, PE; Saroj Bhol, PE; Mario Palmeri, RA; Ray Sandiford, PE; Hamir Vadi, RA; Bernard Yostpille, PE 

CONSULTANTS 

AKRF, Inc; Curtis + Ginsberg Architects LLP; DeSimone Consulting Engineers, PLLC; Grubb & Ellis; Gruzen Samton Architects 
LLP; Irwin G. Cantor PE; M-E/Vogel Taylor Engineers; Otis Elevator Company; Severud Associates, Consulting Engineers PC; 
STV Incorporated in association with the NYC School Construction Authority; Turner Construction Company; Thornton 
Tomasetti; Weidlinger Associates Inc. 

COVER DESIGN 

Rachel Blandi 

COVER PHOTOGRAPH 
Andreanna Seymore 



The code development process involved the work of more than 400 individuals. Together with the Committee Chairs, the 
Department has made every effort to include all who participated. Any errors or omissions in the Acknowledgments are entirely un- 
intended. 



2008 NEW YORK CITY BUILDING CODE 



xii 2008 NEW YORK CITY BUILDING CODE 



TABLE OF CONTENTS 
GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 1 ADMINISTRATION A-l 

Article 101 General A-l 

Section 

101.1 Title A-l 

101.2 Intent A-l 

101.3 Codes A-l 

101.4 Effective Date A-l 

101.5 Definitions A-2 

Article 102 Applicability A-5 

Section 

102.1 General A-5 

102.2 Other Laws A-5 

1023 Separability A-5 

102.4 Existing Buildings A-5 

102.5 Grading of Lots A-5 

102.6 Appendices A-5 

102.7 References in Other Laws A-5 

Article 103 Duties and Powers of 

Commissioner of Buildings A-6 

Section 

103.1 Jurisdiction A-6 

103.2 Interpretation A-6 

103.3 Variations A-6 

103.4 Appeals A-6 

103.5 Seal; Judicial Notice A-6 

103.6 Proofs, Affidavits and Oaths A-6 

103.7 Cooperation of Other Departments A-6 

103.8 Matters Not Provided For A-6 

103.9 Additional Tests A-6 

103.10 Supporting Documentation for Materials A-6 

103.1 1 Applications and Permits A-7 

103.12 Identification A-7 

103.13 Right of Entry A-7 

103.14 Department Records A-7 

103.15 Insurance A-7 

103.16 Inspections of Completed Buildings, 

Structures, Signs, Service Equipment and 
Construction Machinery and Equipment .... A-7 



103.17 Certain Outside Work, Employment and 

Financial Interests of Department 

Employees Prohibited A-7 

103.18 Investigation of Complaints A-7 

103.19 Addition, Modification, and Deletion of 

Referenced Standards A-7 

103.20 Existing Rules Continued A-8 

Article 104 Construction Documents A-8 

Section 

104.1 General A-8 

104.2 Application for Approval of Construction 

Documents A-8 

104.3 Amended Construction Documents A-10 

104.4 Place of Filing A-10 

104.5 Fees A-10 

104.6 Applicant A-10 

104.7 Submittal of Construction Documents A-10 

104.8 Applications A-l 1 

Article 105 Permits A-12 

Section 

105.1 General A-12 

105.2 Classification of Work Permits A- 13 

105.3 Separate Permits Required A-13 

105.4 Work Exempt from Permit A-13 

105.5 Application for Permit A-15 

105.6 Fees A-15 

105.7 Time Limitation of Applications A-15 

105.8 Validity of Permit A-15 

105.9 Expiration A-15 

105.10 Suspension or Revocation of Permit . A-15 

105.11 Posting of Permit A-15 

105.12 Conditions of Permit A-15 

Article 106 Asbestos Investigation A-16 

Section 

106.1 Asbestos Investigation A-16 

106.2 Demolition and Alteration of Buildings 

Constructed on or Before April 1, 1987 ... A-16 

106.3 Asbestos Project A-16 

106.4 Definitions A-16 



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Article 107 Alteration or Demolition of Single 
Room Occupancy Multiple 
Dwellings A-16 

Section 

107.1 General A-16 

107.2 Definitions A-16 

107.3 Covered Categories of Work A-17 

107.4 Required Submittal Documents A-17 

107.5 Filing Process A-17 

107.6 Time Period for Acceptance or Rejection A-17 

107.7 Denial of Certification A-17 

107.8 Request for Stop-Work or Rescission A- 18 

107.9 Effect of Denial or Rescission A- 18 

Article 108 Pavement Plan A-18 

Section 

108.1 General A-18 

108.2 Pavement Plan Required A-18 

108.3 Improvement of Streets A-18 

Article 109 Fire Protection Plan A-18 

Section 

109.1 Fire Protection Plan Required for Covered 

Buildings A-18 

109.2 Covered Buildings A-18 

109.3 Scope A-18 

Article 110 Site Safety Plan A-19 

Section 

110.1 Site Safety Plan A-19 

1 10.2 Phased Site Safety Plans A-19 

Article 111 Temporary Structures and Uses . . A-19 

Section 

111.1 General A-19 

1 1 1 .2 Conformance A-20 

1 1 1.3 Termination of Approval A-20 

111.4 Application Processing A-20 

111.5 Fees A-20 

Article 112 Fees A-20 

Section 

112.1 Payment of Fees A-20 

1 12.2 Schedule of Permit Fees A-20 

1 12.3 Building Permit Valuations A-20 

1 12.4 Work Commencing before Permit Issuance . . . A-20 



1 12.5 Related Fees A-20 

1 12.6 Refunds and Rebates A-20 

1 1 2.7 Inspection Fees A-21 

1 12.8 Special Fees A-21 

1 12.9 Lien on Premises for Unpaid Fee or 

Other Charge A-21 

Article 113 Materials A-29 

Section 

113.1 General A-29 

113.2 Use of Materials A-29 

1 13.3 Approval Procedure A-30 

1 13.4 Labeling A-30 

Article 114 Approved Agencies A-30 

Section 

1 14.1 General A-30 

1 14.2 Written Evaluation by Approved Agency A-31 

114.3 Records A-31 

114.4 Re-Authorization of Approved Agencies A-31 

Article 115 Special Inspectors A-31 

Section 

115.1 General A-31 

1 15.2 Disqualification A-31 

115.3 Records A-31 

Article 116 Inspections and Sign-Off of 

Completed Work A-31 

Section 

116.1 General A-31 

116.2 Types of Inspections A-31 

1 16.3 Inspection Requests A-32 

116.4 Sign-off of Completed Work A-32 

1 16.5 Payment of Outstanding Penalties A-32 

1 16.6 List of Approved Inspection Agencies A-32 

1 16.7 Fabricator Approval A-32 

Article 117 Places of Assembly A-33 

Section 

117.1 Place of Assembly Certificate of Operation . . . A-33 

117.2 Temporary Place of Assembly Certificate 

of Operation A-33 

117.3 Duration and Renewal of Certificate A-33 

1 17.4 Security Guards A-33 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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Article 118 Certificates of Occupancy A-33 

Section 

18.1 General Provisions A-33 

18.2 New Buildings or Open Lots A-33 

18.3 Completed Buildings or Open Lots A-34 

18.4 Applications for Certificates of Occupancy . . . A-34 

18.5 Review of Applications for Certificates of 

Occupancy A-34 

18.6 Issuance of Certificate of Occupancy A-34 

18.7 Pavement Plan A-35 

18.8 Sanitary /Storm Water Drainage A-35 

18.9 Fire Protection Plan A-35 

18.10 Electrical Work . . A-35 

1 8.1 1 Certificates of Compliance A-35 

18.12 Place of Assembly Certificate of Operation . . A-35 

18.13 Certificates of Occupancy for Air-Inflated 

Structures, Air-Supported Structures, and 

Tents A-35 

18.14 Payment of Outstanding Penalties A-35 

18.15 Temporary Certificates of Occupancy A-35 

18.16 Amended Certificate of Occupancy A-35 

18.17 Revocation of Certificates of Occupancy .... A-36 

18.18 Record of Certificates A-36 

18.19 Posting of Certificates of Occupancy ....... A-36 

Article 119 Service Utilities A-36 

Section 

1 19.1 Connection of Service Utilities A-36 

1 19.2 Temporary Connection A-36 

1 19.3 Authority to Disconnect Utility Service A-36 

CHAPTER 2 ENFORCEMENT A-37 

Article 201 General A-37 

Section 

201.1 Unlawful Acts A-37 

201.2 Classification of Violations A-37 

201.3 Methods of Enforcement A-37 

201.4 Aggravating and Mitigating Factors A-38 

Article 202 Civil Penalties A-38 

Section 

202.1 Civil Penalties A-38 

202.2 Continuing Violations A-38 



Article 203 Criminal Penalties A-38 

Section 

203.1 Criminal Fines and Imprisonment A-38 

203.2 Continuing Violations A-38 

Article 204 Environmental Control Board A-38 

Section 

204.1 General A-38 

204.2 Order to Certify Correction A-38 

204.3 Failure of Proof A-38 

204.4 Failure to Certify the Correction of a 

Violation A-39 

204.5 False Statements in Certification of 

Correction A-39 

204.6 Tax Lien A-39 

Article 205 Civil Judicial Proceedings A-39 

Section 

205.1 Civil Judicial Enforcement A-39 

Article 206 Criminal Judicial Proceedings A-40 

Section 

206.1 Criminal Judicial Enforcement A-40 

Article 207 Peremptory Orders A-41 

Section 

207.1 Contents and Service A-41 

207.2 Stop Work Orders A-41 

207.3 Public Nuisance A-41 

207.4 Vacate Order A-41 

207.5 Cease Use Orders for Service Equipment A-42 

Article 208 Commissioner's Request for 

Corrective Action A-42 

Section 

208.1 Commissioner's Request for 

Corrective Action A-42 

Article 209 Commissioner's Order to Correct 

Unlawful Use or Condition A-42 

Section 

209.1 General A-42 

209.2 Contents and Service of Orders A-43 

Article 210 Illegal Conversions A-43 

Section 

210.1 Illegal Residential Conversions A-43 



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210,2 Illegal Industrial and Manufacturing 

Conversions A-43 

Article 211 False Statements A-43 

Section 

211.1 False Statements in Certificates, Forms, 

Written Statements, Applications, 

Reports or Certificates of Correction A-43 

211.2 Falsely Impersonating an Officer A-43 

Article 212 Abatement of Public Nuisance 
Caused by Certain Illegal 
Occupancies A-43 

Section 

212.1 Abatement of Public Nuisances Caused 

by Illegal Commercial or Manufacturing 

Occupancy in Residence Districts and 

Certain other Zoning Districts A-43 

212.2 Order of Closure A-43 

212.3 Notice of Hearing A-44 

212.4 Service of Notice of Hearing A-44 

212.5 Conduct of Hearing by Office of 

Administrative Trials and Hearings A-44 

212.6 Lack of Knowledge not a Defense A-44 

212.7 Closure Not an Act of Possession A-44 

212.8 Posting of Order of Closure A-44 

212.9 Enforcement of Order of Closure A-44 

212.10 Rescission of Order of Closure A-44 

212.1 1 Violation of Closure Order A-45 

Article 213 Penalty for Work Without a 

Permit A-45 

Section 

213.1 Department Penalty for Work Without 

a Permit A-45 

213.2 Waiver A-45 

213.3 Payment of Penalty Required Before 

Issuance of Permit A-45 

213.4 Procedure A-45 

Article 214 Order to Seal, Secure and Close . . A-45 

Section 

214.1 Order to Seal, Secure and Close A-45 

214.2 Access to Sealed Premises A-46 

214.3 Additional Penalties for Harm or 

Injury from Violation of Order to Seal, 

Secure and Close A-46 



Article 215 Emergency Powers of the 

Commissioner A-47 

Section 

215.1 Emergency Work A-47 

215.2 Stopping Work and Securing Structures A-47 

215.3 Vacating Structures A-47 

215.4 Violations of Protective Measures During 

Construction or Demolition A-47 

215.5 Investigation of Accidents or Other 

Emergency Conditions A-47 

215.6 Closing Streets Temporarily A-47 

215.7 Recovery of Bodies from Wrecked 

Structures A-47 

215.8 Noncompliance with Orders; 

Execution of Work by Department A-47 

Article 216 Unsafe Buildings A-47 

Section 

216.1 Conditions Constituting an Unsafe 

Building or Structure A-47 

216.2 Record and Notice of Unsafe Building, 

Structure or Premises A-48 

216.3 Notice and Order A-48 

216.4 Method of Service A-48 

216.5 Owner Abatement of Unsafe or 

Dangerous Conditions A-48 

216.6 Survey A-48 

216.7 Court Proceeding A-48 

216.8 Execution of Precept A-49 

216.9 Return of Precept and 

Reimbursement of City A-49 

216.10 Judgment Lien A-50 

216.11 Tax Lien A-50 

CHAPTER 3 MAINTENANCE OF 

BUILDINGS A-51 

Article 301 General A-51 

Section 

301.1 Owner's Responsibilities A-51 

Article 302 Maintenance of Exterior Walls . . . A-51 

Section 

302.1 General A-51 

302.2 Inspection Requirements A-51 

302.3 Immediate Notice of Unsafe Condition A-51 

302.4 Report of Critical Examination A-51 



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302.5 Repair of Exterior Walls, Unsafe Condition . . . A-51 

302.6 Safe Condition With a Repair and 

Maintenance Program A-51 

Article 303 Periodic Boiler Inspections A-52 

Section 

303.1 General A-52 

303.2 Annual Inspection A-52 

303.3 Inspection of High-Pressure Boilers A-52 

303.4 Staggered Inspection Cycles A-52 

303.5 Repair of Defects A-52 

303.6 Owner's Annual Statement A-52 

303.7 Report of Inspection A-52 

303.8 Removal or Discontinuance Notice A-52 

303.9 Additional Inspections A-52 

303.10 Fees A-52 

Article 304 Periodic Inspection of Elevators . . A-52 

Section 

304.1 General A-52 

304.2 Elevators, Escalators, Moving Walkways, 

Material Lifts, Vertical Reciprocating 
Conveyors (VRC) and Dumbwaiters A-52 

304.3 Chair Lifts and Stairway Chair Lifts A-52 

304.4 Amusement Devices A-52 

304.5 Frequency of Inspection and Testing A-52 

304.6 Inspection and Testing Process A-52 

304.7 Required Contract A-53 

304.8 Fees A-53 

304.9 Additional Inspections A-53 

Article 305 Retaining Wails A-53 

Section 

305.1 Retaining Walls, Partition Fences and 

Other Site Structures A-53 

305.2 Retaining Walls Required A-53 

305.3 Special Agreement A-53 

Article 306 Party Walls A-53 

Section 

306.1 Responsibility for Party Walls A-53 

Article 307 Workplace Exits A-54 

Section 

307.1 Obstruction of Workplace Exits Prohibited . . . A-54 

307.2 Unannounced Inspections of 

Workplaces by Fire Department A-54 



307.3 Retaliation A-54 

CHAPTER 4 LICENSING AND REGISTRATION 
OF BUSINESSES, TRADES AND 
OCCUPATIONS ENGAGED IN 
BUILDING WORK A-55 

Article 401 General A-55 

Section 

401.1 Application A-55 

401.2 General Requirements for All Licenses A-55 

401.3 Definitions A-55 

401.4 Requirement of License A-56 

401.5 Application and Conditions A-56 

401.6 Qualifications of Applicant A-56 

401.7 Examination of Applicant A-57 

401.8 Investigation of Applicant A-57 

401.9 Insurance A-57 

401.10 Issuance of License, Plate and/or Seal, 

where Applicable, or Certificate of 
Competence A-57 

401.11 Term of License A-57 

401.12 Renewal of License or Certificate of 

Competence A-57 

401.13 Reinstatement A-57 

401.14 Continuing Education A-57 

401.15 Schedule of Fees A-57 

401.16 Restrictions on Use of License A-59 

401.17 Use on Behalf of a Business A-59 

401.18 New York City Location Required A-59 

401.19 Suspension or Revocation of 

License or Certificate of Competence A-59 

401.20 Cooperation Required A-60 

401.21 Judicial Review of Determinations A-60 

Article 402 Site Safety Manager 

Certificate A-60 

Section 

402.1 Certificate Required A-60 

402.2 Qualifications A-60 

Article 403 Site Safety Coordinator 

Certificate A-61 

Section 

403.1 Certificate Required A-61 

403.2 Qualifications A-61 



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TABLE OF CONTENTS 



Article 404 Rigger License A-61 

Section 

404.1 Rigger License Required . A-61 

404.2 Classification A-61 

404.3 Additional Qualifications A-61 

404.4 Additional Requirements , A-62 

Article 405 Hoisting Machine Operator 

License A-62 

Section 

405.1 Hoisting Machine Operator 

License Required A-62 

405.2 Classification A-62 

405.3 Additional Qualifications A-62 

405.4 Fitness to Perform Work A-63 

405.5 Insurance Exemption A-63 

Article 406 Concrete Testing 

Laboratory License A-63 

Section 

406.1 Concrete Testing Laboratory 

License Required A-63 

406.2 Qualifications A-63 

406.3 Additional Requirements A-63 

406.4 No Examination Required A-63 

Article 407 Welder License A-63 

Section 

407.1 Welder License Required . A-63 

407.2 Qualifications A-63 

407.3 Fitness to Perform Work. A-63 

407.4 Insurance Exemption A-63 

Article 408 Master Plumber License A-63 

Section 

408.1 Master Plumber License Required A-63 

408.2 Seal A-63 

408.3 Additional Qualifications A-63 

408.4 Certificate of Competence and License, 

Plate and/or Seal A-64 

408.5 Surrender of License, Plate or Seal A-65 

408.6 Master Plumber Business A-65 

Article 409 Journeyman Plumber 

Registration A-66 

Section 

409.1 Journeyman Plumber Registration; 

Additional Qualifications A-66 



409.2 Experience A-66 

409.3 Registration Need Not Be Renewed A-66 

409.4 Registration Card A-66 

Article 410 Master Fire Suppression Piping 

Contractor License A-66 

Section 

410.1 Master Fire Suppression Piping 

Contractor License Required A-66 

410.2 Seal A-66 

410.3 Classification A-66 

410.4 Additional Qualifications A-66 

410.5 Certificate of Competence and 

License, Plate and/or Seal A-67 

410.6 Waiver of Examinations A-68 

410.7 Surrender of License, Plate and/or Seal A-68 

410.8 Master Fire Suppression Piping 

Contractor Business Required A-68 

Article 411 Journeyman Fire Suppression Piping 

Installer Registration A-69 

Section 

41.1.1 Journeyman Fire Suppression Piping 
Installer Registration; Additional 
Qualifications A-69 

411.2 Experience A-69 

411.3 No Required Expiration, Renewal or 

Reissuance A-69 

41 1.4 Required Statement A-69 

Article 412 Oil-Burning Equipment Installer 

License A-69 

Section 

412.1 Oil-Burning Equipment Installer 

License Required A-69 

412.2 Classifications A-69 

412.3 Qualifications A-69 

412.4 Fitness to Perform Work A-70 

Article 413 High-Pressure Boiler Operating 

Engineer License A-70 

Section 

413.1 High-Pressure Boiler Operating 

Engineer License Required A-70 

413.2 Qualifications A-70 

413.3 Fitness to Perform Work A-70 



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Article 414 Portable High-Pressure Boiler 

Operating Engineer License A-70 

Section 

414.1 Portable High-Pressure Boiler 

Operating Engineer License Required A-70 

414.2 Qualifications A-70 

414.3 Fitness to Perform Work A-71 

Article 415 Sign Hanger License A-71 

Section 

415.1 Sign Hanger License Required A-71 

415.2 Exemptions A-71 

415.3 Classification A-71 

415.4 Additional Qualifications A-71 

415.5 Additional Requirements A-71 

415.6 Fitness to Perform Work A-71. 

Article 416 Filing Representative Registration A-71 
Section 

416.1 Filing Representative Registration Required . . A-71 

416.2 Exemptions A-71 

416.3 Rules . A-72 

Article 417 Boards A-72 

Section 

417.1 Plumbing and Fire Suppression 

Piping Contractor License Board A-72 

Article 418 General Contractor Registration . A-72 
Section 

418.1 Requirement of Registration A-72 

418.2 Unlawful Use of General Contractor Title A-73 

418.3 Application Requirements A-73 

418.4 Warranties A-73 

418.5 Duties and Responsibilities A-73 

418.6 Posting of Disciplinary Actions A-73 

Article 419 Seizure and Forfeiture A-73 

Section 

419.1 General A-73 

419.2 Definitions A-73 

419.3 Seizure Procedure. A-74 

419.4 Abandoned Property A-74 

419.5 Combined Hearings A-74 

419.6 Separate Hearings A-74 

419.7 Forfeiture Procedure, A-75 



CHAPTER 5 



MISCELLANEOUS 
PROVISIONS 



A-77 



Article 501 Maintenance Permit for 

Outdoor Signs A-77 

Section 

501.1 Permit Required A-77 

501.2 Application A-77 

501.3 Permit Expiration A-77 

501.4 Civil Penalties A-77 

501.5 Construction A-77 

501.6 Exemption A-77 

Article 502 Outdoor Advertising 

Companies A-78 

Section 

502.1 Definitions A-78 

502.2 Registration of Outdoor Advertising 

Companies A-78 

502.3 Revocation or Suspension or Registration .... A-78 

502.4 Reporting Requirement A-79 

502.5 Display of Name and Registration 

Number of Outdoor Advertising 

Company A-79 

502.6 Criminal and Civil Penalties A-79 

502.7 Signs under Control of Unregistered 

Outdoor Advertising Company are 

Public Nuisance A-80 

502.8 Franchise or Concession Disqualification A-80 

502.9 Investigations A-80 

Article 503 Nuisance Abatement for 

Illegal Signs A-80 

Section 

503.1 General A-80 

503.2 Notice A-80 

503.3 Hearing A-80 

503.4 Posting of Order A-80 

503.5 Enforcement of Order A-81 

503.6 Rescission of Order A-81 

503.7 Costs A-81 

503.8 Lien A-81 

503.9 Storage and Disposal A-81 

503.10 Definitions A-81 

503.11 Review of Order A-81 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



TABLE OF CONTENTS 
BUILDING CODE 



CHAPTER 1 ADMINISTRATION 1 

Section 

BC 101 General 1 

BC 102 Applicability 1 

BC 103 Department of Buildings 2 

BC 104 Duties and Powers of Commissioner of 

Buildings 2 

BC 105 Permits 2 

BC 106 Construction Documents 3 

BC 107 Temporary Structures and Uses 5 

BC 108 Fees 5 

BC 109 Inspections 5 

BC 110 Certificate of Occupancy 6 

BC 1 11 Service Utilities 6 

BC 1 12 Reserved 6 

BC 113 Violations 6 

BC 114 Stop Work Order 7 

BC 1 15 Unsafe Structures and Equipment 7 

CHAPTER 2 DEFINITIONS 9 

Section 

BC 201 General 9 

BC 202 Definitions 9 

CHAPTER 3 USE AND OCCUPANCY 

CLASSIFICATION 25 

Section 

BC 301 General 25 

BC 302 Classification 25 

BC 303 Assembly Group A 25 

BC 304 Business Group B 26 

BC 305 Educational Group E 26 

BC 306 Factory Group F 26 

BC 307 High-Hazard Group H 27 

BC 308 Institutional Group I 35 

BC 309 Mercantile Group M 36 

BC 310 Residential Group R 37 

BC 31 1 Storage Group S 39 

BC 3 12 Utility and Miscellaneous Group U 39 

CHAPTER 4 SPECIAL DETAILED 

REQUIREMENTS BASED ON 

USE AND OCCUPANCY 41 

Section 

BC401 Scope 41 



BC 402 Covered Mall Buildings 41 

BC 403 High-Rise Buildings 44 

BC 404 Atriums 46 

BC 405 Underground Buildings 46 

BC 406 Motor- Vehicle-Related Occupancies 47 

BC 407 Group 1-2 52 

BC 408 Group 1-3 53 

BC 409 Motion Picture Projection Rooms 55 

BC 410 Stages and Platforms 56 

BC 411 Special Amusement Buildings 59 

BC 412 Aircraft-Related Occupancies 59 

BC 413 Combustible Storage 60 

BC 414 Hazardous Materials 60 

BC 415 Groups H-l, H-2, H-3, H-4 and H-5 64 

BC 416 Application of Flammable Finishes 74 

BC 417 Drying Rooms 75 

BC 418 Organic Coatings 75 

BC 419 Nonproduction Chemical Laboratories 75 

BC 420 Uses and Occupancies Involving 
Radioactive Materials and 
Radiation-Producing Equipment 77 

CHAPTER 5 GENERAL BUILDING 
HEIGHTS AND AREAS; 
SEPARATION OF 
OCCUPANCIES 79 

Section 

BC 501 General 79 

BC 502 Definitions 79 

BC 503 General Height and Area Limitations 80 

BC 504 Height Modifications 82 

BC 505 Mezzanines 83 

BC 506 Area Modifications 83 

BC 507 Unlimited Area Buildings 84 

BC 508 Incidental Use Areas and 

Mixed Occupancies 85 

BC 509 Special Provisions 89 

CHAPTER 6 TYPES OF CONSTRUCTION 91 

Section 

BC 601 General 91 

BC 602 Construction Classification 91 

BC 603 Combustible Material in Type I and II 

Construction 93 



2008 NEW YORK CITY BUILDING CODE 



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CHAPTER 7 FIRE-RESISTANCE-RATED 

CONSTRUCTION 95 

Section 

BC 701 General 95 

BC 702 Definitions . 95 

BC 703 Fire-Resistance Ratings and Fire Tests 96 

BC 704 Exterior Walls 97 

BC 705 Fire Walls 100 

BC 706 Fire Barriers 102 

BC 707 Shaft Enclosures 103 

BC 708 Fire Partitions 105 

BC 709 Smoke Barriers 105 

BC 710 Smoke Partitions 106 

BC 71 1 Horizontal Assemblies 106 

BC 712 Penetrations 107 

BC 713 Fire-Resistant Joint Systems 109 

BC 714 Fire-Resistance Rating of 

Structural Members . . . . 109 

BC 715 Opening Protectives Ill 

BC 716 Ducts and Air Transfer Openings 114 

BC 717 Concealed Spaces 117 

BC 718 Fire-Resistance Requirements for Plaster . . 120 

BC 719 Thermal- and Sound-Insulating Materials. . 120 

BC 720 Prescriptive Fire Resistance 121 

BC 721 Calculated Fire Resistance 121 

CHAPTER 8 INTERIOR FINISHES 167 

Section 

BC 801 General 167 

BC 802 Definitions 167 

BC 803 Wall and Ceiling Finishes. 167 

BC 804 Interior Floor Finish 170 

BC 805 Decorations and Trim 170 

CHAPTER 9 FIRE PROTECTION SYSTEMS . . 173 

Section 

BC 901 General 173 

BC 902 Definitions 173 

BC 903 Automatic Sprinkler Systems 176 

BC 904 Alternative Automatic 

Fire-Extinguishing Systems 181 

BC 905 Standpipe Systems 183 

BC 906 Portable Fire Extinguishers 186 

BC 907 Fire Alarm and Detection Systems 186 

BC 908 Emergency Alarm Systems 193 

BC 909 Smoke Control Systems 195 

BC 910 Smoke and Heat Vents 204 

BC 91 1 Fire Command Center 206 



BC 912 Postfire Smoke Purge Systems 206 

CHAPTER 10 MEANS OF EGRESS 209 

Section 

BC 1001 Administration 209 

BC 1002 Definitions 209 

BC 1003 General Means of Egress 210 

BC 1004 Occupant Load 211 

BC 1005 Egress Width 213 

BC 1006 Means of Egress Illumination 213 

BC 1007 Accessible Means of Egress 214 

BC 1008 Doors, Gates and Turnstiles 216 

BC 1009 Stairways and Handrails 221 

BC 1010 Ramps 225 

BC 1011 Exit Signs 226 

BC 1012 Guards 227 

BC 1013 Exit Access 228 

BC 1014 Exit and Exit Access Doorways 229 

BC 1015 Exit Access Travel Distance 231 

BC 1016 Corridors 231 

BC 1017 Exits 233 

BC 1018 Number of Exits and Continuity 233 

BC 1019 Vertical Exit Enclosures . 234 

BC 1020 Exit Passageways 236 

BC 1021 Horizontal Exits 236 

BC 1022 Exterior Exit Ramps and Stairways 237 

BC 1023 Exit Discharge 238 

BC 1024 Assembly 239 

BC 1025 Emergency Escape and Rescue 245 

BC 1026 Signage 246 

CHAPTER 11 ACCESSIBILITY 249 

Section 

BC 1 101 General 249 

BC 1 102 Definitions 249 

BC 1 103 Scoping Requirements 249 

BC 1104 Accessible Route 250 

BC 1 105 Accessible Entrances 251 

BC 1 106 Parking and Passenger Loading Facilities. . 252 

BC 1 107 Dwelling Units and Sleeping Units 253 

BC 1 108 Special Occupancies 258 

BC 1 109 Other Features and Facilities 260 

BC 1 1 10 Signage 263 

CHAPTER 12 INTERIOR ENVIRONMENT .... 265 
Section 

BC 1201 General 265 

BC 1202 Definitions 265 



2008 NEW YORK CITY BUILDING CODE 



TABLE OF CONTENTS 



BC 1203 Ventilation 265 

BC 1204 Temperature and Humidity Control 269 

BC 1205 Lighting 269 

BC 1206 Yards and Courts '. . 272 

BC 1207 Sound Transmission 272 

BC 1208 Interior Space Dimensions 273 

BC 1209 Access to Unoccupied Spaces 274 

BC 1210 Surrounding Materials . 274 

BC 1211 Kitchens and Kitchenettes 275 

BC 1212 Rodent-Proofing 275 

BC 1213 Refuse and Recyclable Storage 275 

CHAPTER 13 ENERGY EFFICIENCY 277 

Section 

BC 1301 General 277 

CHAPTER 14 EXTERIOR WALLS 279 

Section 

BC 1401 General 279 

BC 1402 Definitions 279 

BC 1403 Performance Requirements 279 

BC 1404 Materials 280 

BC 1405 Installation of Wall Coverings 281 

BC 1406 Combustible Materials on the 

Exterior Side of Exterior Walls 285 

BC 1407 Metal Composite Materials (MCM) 286 

CHAPTER 15 ROOF ASSEMBLIES AND 

ROOFTOP STRUCTURES 289 

Section 

BC 1501 General 289 

BC 1502 Definitions 289 

BC 1503 Weather Protection 289 

BC 1504 Performance Requirements 290 

BC 1505 Fire Classification 290 

BC 1506 Materials 291 

BC 1507 Requirements for Roof Coverings 291 

BC 1508 Roof Insulation 300 

BC 1509 Rooftop Structures 300 

BC 1510 Reroofing 302 

CHAPTER 16 STRUCTURAL DESIGN 303 

Section 

BC 1601 General 303 

BC 1602 Definitions 303 

BC 1603 Construction Documents 305 

BC 1604 General Design Requirements 306 

BC 1605 Load Combinations 309 



BC 1606 Dead Loads 310 

BC 1607 Live Loads 311 

BC 1608 Snow Loads and Thermal Loads 316 

BC 1609 Wind Loads 317 

BC 1610 Soil Lateral Load 326 

BC 161 1 Rain Loads 326 

BC 1612 Flood Loads 327 

BC 1613 Earthquake Loads Definitions 328 

BC 1614 Earthquake Loads— General 329 

BC 1615 Earthquake Loads— Site Ground Motion . . 329 

BC 1616 Earthquake Loads — Criteria Selection 333 

BC 1617 Earthquake Loads — Minimum Design 

Lateral Force and Related Effects 336 

BC 1618 Dynamic Analysis Procedure for the 

Seismic Design of Buildings 345 

BC 1619 Earthquake Loads Soil-Structure 

Interaction Effects 345 

BC 1620 Earthquake Loads — Design, 

Detailing Requirements and 

Structural Component Load Effects .... 345 

BC 1621 Architectural, Mechanical and 

Electrical Component Seismic 

Design Requirements 349 

BC 1622 Nonbuilding Structures Seismic Design 

Requirements 349 

BC 1623 Seismically Isolated Structures 350 

BC 1624 Structural Integrity Definitions 350 

BC 1625 Structural Integrity — Prescriptive 

Requirements 350 

BC 1626 Structural Integrity— Key Element 

Analysis 351 

BC 1627 Structural Peer Review 352 

CHAPTER 17 STRUCTURAL TESTS AND 

SPECIAL INSPECTIONS 355 

Section 

BC 1701 General . . . . 355 

BC 1702 Definitions 355 

BC 1703 Approvals 355 

BC 1704 Special Inspections 355 

BC 1705 Reserved 367 

BC 1706 Reserved . 367 

BC 1707 Special Inspections for 

Seismic Resistance 367 

BC 1708 Reserved 367 

BC 1709 Reserved 367 

BC 1710 Design Strengths of Materials . 367 

BC 171 1 Alternative Test Procedure 367 

BC 1712 Test Safe Load .367 

BC 1713 In-Situ Load Tests 367 



2008 NEW YORK CITY BUILDING CODE 



TABLE OF CONTENTS 



BC 1714 Preconstruction Load Tests 368 

BC 1715 Materia] and Test Standards 369 

CHAPTER 18 SOILS AND FOUNDATIONS 371 

Section 

BC 1801 General 371 

BC 1802 Foundation and Soils Investigations 371 

BC 1803 Excavation, Grading and Fill 373 

BC 1804 Allowable Load-Bearing Values of Soils . . 374 

BC 1805 Footings and Foundations 378 

BC 1806 Retaining Walls and other 

Retaining Structures 380 

BC 1807 Dampproofing and Waterproofing 380 

BC 1808 Pier and Pile Foundations 381 

BC 1809 Driven Pile Foundations 393 

BC 1810 Cast-in-Place Concrete Pile Foundations . . 396 

BC 181 1 Composite Piles 399 

BC 1812 Pier Foundations 399 

BC 1813 Liquefaction Analysis 400 

BC 1814 Underpinning 401 

CHAPTER 19 CONCRETE 403 

Section 

BC 1901 General 403 

BC 1902 Definitions 403 

BC 1903 Specifications for Tests and Materials 404 

BC 1904 Durability Requirements 405 

BC 1905 Concrete Quality, Mixing and Placing 407 

BC 1906 Formwork, Embedded Pipes and 

Construction Joints 410 

BC 1907 Details of Reinforcement 414 

BC 1908 Modifications to ACI 318 415 

BC 1909 Structural Plain Concrete 417 

BC 1910 Seismic Design Provisions 418 

BC 1911 Minimum Slab Provisions 419 

BC 1912 Anchorage to Concrete — Allowable 

Stress Design 419 

BC 1913 Anchorage to Concrete — 

Strength Design 420 

BC 1914 Shotcrete 420 

BC 1915 Reinforced Gypsum Concrete 421 

BC 1916 Concrete-Filled Pipe Columns 422 

BC 1917 Structural Integrity Requirements 422 

CHAPTER 20 ALUMINUM 425 

Section 

BC 2001 General 425 

BC 2002 Materials 425 

BC 2003 Additional Requirements 425 



CHAPTER 21 MASONRY 427 

Section 

BC 2101 General 427 

BC 2102 Definitions and Notations. 427 

BC 2103 Masonry Construction Materials 430 

BC 2104 Construction 434 

BC 2105 Quality Assurance 436 

BC 2106 Seismic Design 437 

BC 2107 Working Stress Design 438 

BC 2108 Strength Design of Masonry 439 

BC 2109 Empirical Design of Masonry 440 

BC 2110 Glass Unit Masonry 445 

BC 21 1 1 Masonry Fireplaces 446 

BC 2112 Masonry Heaters 450 

BC 2113 Masonry Chimneys 451 

BC 2114 Structural Integrity Requirements 457 

CHAPTER 22 STEEL 459 

Section 

BC 2201 General 459 

BC 2202 Definitions and Nomenclature 459 

BC 2203 Identification and Protection of Steel 

for Structural Purposes 460 

BC 2204 Connections 460 

BC 2205 Structural Steel 461 

BC 2206 Steel Joists 462 

BC 2207 Steel Cable Structures 462 

BC 2208 Steel Storage Racks 462 

BC 2209 Cold-Formed Steel 462 

BC 2210 Cold-Formed Steel Light- 
Framed Construction 463 

BC 22 1 1 Cold-Formed Steel Light-Framed 

Shear Walls 463 

BC 2212 Minimum Thickness of Metal 468 

BC 2213 Structural Integrity Requirements . . 468 

CHAPTER 23 WOOD 471 

Section 

BC 2301 General 471 

BC 2302 Definitions 471 

BC 2303 Minimum Standards and Quality 472 

BC 2304 General Construction Requirements 475 

BC 2305 General Design Requirements for 

Lateral-Force-Resisting Systems 484 

BC 2306 Allowable Stress Design 490 

BC 2307 Load and Resistance Factor Design 497 

BC 2308 Conventional Light-Frame Construction . . . 497 



XXIV 



2008 NEW YORK CITY BUILDING CODE 



TABLE OF CONTENTS 



CHAPTER 24 GLASS AND GLAZING 541 

Section 

BC 2401 General 541 

BC 2402 Definitions 541 

BC 2403 General Requirements for Glass 541 

BC 2404 Wind, Snow, Seismic and 

Dead Loads on Glass 541 

BC 2405 Sloped Glazing and Skylights 549 

BC 2406 Safety Glazing 550 

BC 2407 Glass in Handrails and Guards 552 

BC 2408 Glazing in Athletic Facilities 552 

BC 2409 Glass in Floors and Sidewalks 552 

CHAPTER 25 GYPSUM BOARD 

AND PLASTER 555 

Section 

BC 2501 General 555 

BC 2502 Definitions 555 

BC 2503 Reserved 555 

BC 2504 Vertical and Horizontal Assemblies 555 

BC 2505 Shear Wall Construction 555 

BC 2506 Gypsum Board Materials 556 

BC 2507 Lathing and Plastering 556 

BC 2508 Gypsum Construction 556 

BC 2509 Gypsum Board in Showers and 

Water Closets 557 

BC 2510 Lathing and Furring for Cement 

Plaster (Stucco) 558 

BC 251 1 Interior Plaster 558 

BC 2512 Exterior Plaster 559 

BC 2513 Exposed Aggregate Plaster 559 

CHAPTER 26 PLASTIC 561 

Section 

BC 2601 General 561 

BC 2602 Definitions 561 

BC 2603 Foam Plastic Insulation 561 

BC 2604 Interior Finish and Trim 564 

BC 2605 Plastic Veneer 564 

BC 2606 Light-Transmitting Plastics 564 

BC 2607 Light-Transmitting Plastic Wall Panels .... 565 

BC 2608 Light-Transmitting Plastic Glazing 566 

BC 2609 Light-Transmitting Plastic Roof Panels ... 567 

BC 2610 Light-Transmitting Plastic 

Skylight Glazing 567 

BC 261 1 Light- Transmitting Plastic Interior Signs . . 568 



CHAPTER 27 ELECTRICAL 569 

Section 

BC 2701 General 569 

BC 2702 Emergency Power Systems 569 

CHAPTER 28 MECHANICAL SYSTEMS 571 

Section 

BC 2801 General 571 

CHAPTER 29 PLUMBING SYSTEMS 573 

Section 

BC 2901 General 573 

BC 2902 Reserved 573 

CHAPTER 30 ELEVATORS AND 

CONVEYING SYSTEMS 575 

Section 

BC 3001 General 575 

BC 3002 Hoistway Enclosures 576 

BC 3003 Elevator Emergency Operations 576 

BC 3004 Hoistway Venting 577 

BC 3005 Conveying Systems 577 

BC 3006 Machine Rooms 578 

BC 3007 Service Equipment Certificates 578 

BC 3008 Elevator, Amusement and 

Other Device Operators 579 

BC 3009 Elevator Being Serviced 579 

BC 3010 Accidents 579 

BC 301 1 Existing Installations 579 

BC 3012 Inspection and Testing 579 

CHAPTER 31 SPECIAL CONSTRUCTION 581 

Section 

BC 3 101 General 581 

BC 3102 Membrane Structures 581 

BC 3103 Temporary Structures 583 

BC 3104 Pedestrian Walkways and Tunnels 583 

BC 3105 Awnings and Canopies 584 

BC 3106 Marquees 584 

BC3107 Signs 585 

BC 3108 Radio, Television, and Telecommunications 

Towers and Antennas 585 

BC 3109 Swimming Pools, Swimming Pool Enclosures 
and Safety Devices 585 

BC 3110 Sidewalks Cafes 587 

BC3111 Fences 588 



2008 NEW YORK CITY BUILDING CODE 



TABLE OF CONTENTS 



CHAPTER 32 ENCROACHMENTS INTO THE 

PUBLIC RIGHT-OF-WAY 589 

Section 

BC 3201 General 589 

BC 3202 Encroachments 589 

CHAPTER 33 SAFEGUARDS DURING 

CONSTRUCTION 595 

Section 

BC 3301 General 595 

BC 3302 Definitions 596 

BC 3303 Safeguards and Maintenance of Site 599 

BC 3304 Excavation 602 

BC 3305 Erection Operations 605 

BC 3306 Demolition 605 

BC 3307 Protection of Pedestrians 608 

BC 3308 Safety Netting 611 

BC 3309 Protection of Adjoining Property 612 

BC 3310 Requirements for the Construction or 

Demolition of Major Buildings 614 

BC 3311 Explosive Powered and Projectile Tools . . , 615 

BC 3312 Explosives and Blasting 617 

BC 3313 Flammable and Combustible Mixtures, 
Compressed Gases, and Other 
Hazardous Materials 617 

BC 3314 Scaffolds 617 

BC 3315 Structural Ramps, Runways and 

Platforms 627 

BC 3316 Hoisting Equipment 628 

BC 3317 Material Hoists and Bucket Hoists 628 

BC 3318 Personnel Hoists 629 

BC 3319 Cranes and Derricks 629 

BC 3320 Material Handling Equipment 630 

CHAPTER 34 RESERVED 633 

CHAPTER 35 REFERENCED STANDARDS .... 635 

APPENDIX A RESERVED 651 

APPENDIX B RESERVED .653 

APPENDIX C RESERVED 655 

APPENDIX D FIRE DISTRICTS 657 

Section 

BC D101 General 657 

BC D102 Building Restrictions 657 

BC D103 Changes to Buildings 657 



BC D104 Buildings Located Partially in the 

Fire District 657 

BC D105 Exceptions to Restrictions in 

Fire District 657 

BC D106 Fire District Maps for the Boroughs of 

Richmond and Queens 658 

APPENDIX E SUPPLEMENTARY 

ACCESSIBILITY 

REQUIREMENTS 699 

Section 

BC E101 General 699 

BC E102 Definitions 699 

BC E103 Accessible Route 699 

BC E104 Special Occupancies 699 

BC El 05 Other Features and Facilities 699 

BC E106 Telephones 700 

BC E107 Signage 701 

BC E108 Reserved 702 

BC El 09 Transportation Facilities and Stations 702 

BC E110 Reserved 702 

BC El 1 1 Reserved 702 

BC E112 Referenced Standards 703 

APPENDIX F RODENT-PROOFING 705 

Section 

BC F101 General 705 

BC F102 Protection 705 

APPENDIX G FLOOD-RESISTANT 

CONSTRUCTION 707 

Chapter Gl General Provisions 707 

Section 

BC G101 Purpose and Objectives 707 

BC G102 Applicability 707 

BC G103 Administration 708 

BC G104 Permits 709 

BC G105 Special Inspections Requirements 710 

BC G106 Certificates of Occupancy 711 

BC G107 Variances 711 

Chapter G2 Definitions 712 

Section 

BC G201 Definitions 712 

Chapter G3 Construction Standards 715 

Section 

BC G301 General 715 

BC G302 Subdivisions 715 



2008 NEW YORK CITY BUILDING CODE 



TABLE OF CONTENTS 



BC G303 Site Improvement 715 

BC G304 Post-Firm Construction and 

Substantial Improvements 715 

BC G305 Manufactured Homes 717 

BC G306 Recreational Vehicles 717 

BC G307 Tanks 717 

BC G308 Other Development 717 

Chapter G4 Referenced Standards 718 

Section 

BC G401 General 718 

BC G402 Standards 718 

Chapter G5 Modifications to Referenced Standards. . . 718 
Section 

BC G501 Modifications 718 

BC G601 Reserved 721 

BC G701 Reserved 721 

BC G702 Reserved 721 

APPENDIX H OUTDOOR SIGNS 723 

Section 

BC H101 General 723 

BC H102 Definitions 723 

BC H103 Location 723 

BC H104 Identification 723 

BC H105 Design and Construction 723 

BC H106 Electrical 724 

BC H107 Material Limitations 724 

BC H108 Animated Devices 725 

BC H109 Ground Signs 725 

BCH110 Roof Signs 725 

BC HI 1 1 Wall Signs 725 

BC HI 12 Projecting Signs 726 

BC HI 13 Marquee Signs 726 

BC HI 14 Flexible Fabric Signs 727 

BC HI 15 Portable Signs 728 

BC HI 16 Temporary Signs 728 

BC HI 17 Referenced Standards 728 

APPENDIX I RESERVED 729 

APPENDIX J RESERVED 731 

APPENDIX K MODIFIED INDUSTRY 

STANDARDS FOR ELEVATORS 
AND CONVEYING SYSTEMS ... 733 



CHAPTER Kl MODIFICATIONS TO ASME 
A17.1-2000, SAFETY CODE 
FOR ELEVATORS AND 
ESCALATORS 733 

PART 1 General 733 

Section 

1.3 Definitions 733 

PART 2 Electric Elevators 734 

Section 

2. 1 Construction of Hoistways and 

Hoistway Enclosures 734 

2.2 Pits 734 

2.7 Machine Rooms and Machine Spaces 734 

2.8 Equipment in Hoistways and 

Machine Rooms 734 

2.11 Protection of Hoistway Openings 735 

2.12 Hoistway-Door Locking Devices and 

Hoistway Access Switches and 

Elevator Parking Devices 736 

2.14 Car Enclosures, Car Doors and Gates and 

Car Illumination 736 

2.15 Car Frames and Platforms 737 

2.16 Capacity and Loading 737 

2.20 Suspension Ropes and 

Their Connections 737 

2.21 Counterweights 737 

2.22 Buffers and Bumpers 737 

2.24 Driving Machines and Sheaves 737 

2.25 Terminal-Stopping Devices 738 

2.26 Operating Devices and 

Control Equipment 738 

2.27 Emergency Operation and 

Signaling Devices 738 

2.29 Identification 743 

PART 3 Hydraulic Elevators 744 

Section 

3.7 Machine Rooms and Machinery Spaces . . . 744 

3.26 Operating Devices and 

Control Equipment 744 

PART 4 Elevators with other Types of 

Driving Machines . 744 

Section 

4.3 Hand Elevators 744 



2008 NEW YORK CITY BUILDING CODE 



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PART 5 Special Application Elevators 744 

Section 

5.2 Limited-Use/Limited-Application 

Elevators 744 

PART 6 Escalators and Moving Walks 744 

Section 

6. 1 Escalators 744 

PART 7 Dumbwaiters and Material Lifts 745 

Section 

7.4 Material Lifts Without Automatic 

Transfer Devices 745 

7.5 Electric Material Lifts Without 

Automatic Transfer Devices 745 

PART 8 General Requirements 745 

Section 

8.1 Security 745 

8.4 Elevator Safety Requirements for 

Seismic Risk Zone 2 or Greater 745 

8.6 Maintenance, Repair, and Replacement . . . 745 

8.7 Alterations 746 

8.8 Welding 747 

8.10 Acceptance Inspections and Tests 747 

8.1 1 Periodic Inspections and Tests 748 

CHAPTER K2 MODIFICATIONS TO 

ASME B20.1-2003 SAFETY 
STANDARD FOR CONVEYORS 
AND RELATED EQUIPMENT ... 751 
Section 

1 Scope 751 

4 Definitions 751 

6 Specific Safety Standards 751 

APPENDIX L RESERVED 753 

APPENDIX M SUPPLEMENTARY 

REQUIREMENTS FOR 
ONE- AND TWO-FAMILY 
DWELLINGS 755 

Section 

BC M101 General 755 

BC M102 Definitions 755 

BC M103 Fire Wall Separation 755 

APPENDIX N ASSISTIVE LISTENING 

SYSTEMS PERFORMANCE 
STANDARDS 759 

Section 

BC N101 General 759 



BC N102 Induction Loop System 759 

BC N103 Infra-Red System 759 

BC N104 FM System 760 

APPENDIX O RESERVED 763 

APPENDIX P R-2 OCCUPANCY TOILET AND 
BATHING FACILITIES 

REQUIREMENTS 765 

Section 

BC P101 General 765 

BC P102 Toilet and Bathing Facilities 765 

BC P103 Referenced Standards 767 

APPENDIX Q MODIFIED NATIONAL 

STANDARDS FOR AUTOMATIC 
SPRINKLER, STANDPIPE AND 
FIRE ALARM SYSTEMS 769 

Section 

BC Q101 Scope 769 

BC Q102 Installation of Sprinkler Systems 769 

BC Q103 Installation of Sprinkler Systems in 

One- and Two-Family Dwellings and 
Manufactured Homes 774 

BC Q104 Installation of Sprinkler Systems in 
Residential Occupancies Up to and 
Including Six Stories in Height 775 

BC Q105 Installation of Standpipe and 

Hose Systems 776 

BC Q106 Installation and Maintenance of 

Fire Alarm Systems 784 

APPENDIX R ACOUSTICAL TILE AND 
LAY-IN PANEL CEILING 

SUSPENSION SYSTEMS 787 

Section 

BC R101 General 787 

BC R102 Modifications to ASTM C 635 - 

Standard Specification for the Manufacture, 
Performance, and Testing of Metal Suspension 
Systems for Acoustical Tile and 
Lay-in Panel Ceilings 787 

BC R103 Modifications to ASTM C 636 - 

Standard Practice for Installation of 
Metal Ceiling Suspension Systems for 
Acoustical Tile and Lay-in Panels 787 

INDEX (RESERVED) 793 



2008 NEW YORK CITY BUILDING CODE 



CHAPTER 1 

ADMINISTRATION 



ARTICLE 101 
GENERAL 

§28-101.1 Title. The provisions of this chapter shall apply to 
the administration of the codes set forth in this title and the 
1968 building code. The codes set forth in this title shall be 
known and may be cited as the "New York city construction 
codes" and shall consist of: 

The New York city plumbing code. 

The New York city building code. 

The New York city mechanical code. 

The New York city fuel gas code. 

§28-101.2 Intent. The purpose of this code is to provide rea- 
sonable minimum requirements and standards, based upon 
current scientific and engineering knowledge, experience and 
techniques, and the utilization of modern machinery, equip- 
ment, materials, and forms and methods of construction, for the 
regulation of building construction in the city of New York in 
the interest of public safety, health and welfare, and with due 
regard for building construction and maintenance costs. 

§28-101.3 Codes. Any reference in this title to "this code" or 
"the code" shall be deemed to be a reference to this title and all 
of the codes comprising the New York city construction codes 
unless the context or subject matter requires otherwise. When- 
ever a section or subsection of this code is cited or referred to, 
subordinate consecutively numbered sections and subsections 
of the cited provision are deemed to be included in such refer- 
ence unless the context or subject matter requires otherwise. 

§28-101.4 Effective date. Except as otherwise provided in 
sections 28-101.4.1, 28-101.4.2, 28-101.4.3 and 28-101.4.4 on 
and after the effective date of this code, all work shall be per- 
formed in accordance with the provisions of this code. 

§28-101.4.1 Permit issued or work commenced prior to 
effective date. If a permit for work was issued prior to the 
effective date of this code or, if no permit was necessary, 
work was commenced prior to such effective date, all of the 
provisions of chapter 1 of title 27 of the administrative code 
as heretofore in effect shall apply to such work. 

§28-101.4.2 Applications for construction document 
approval submitted prior to and within twelve months 
after the effective date of this code. Any work for which an 
application for construction document approval was sub- 
mitted to the department prior to the effective date of this 
code and not thereafter abandoned, or for which an applica- 
tion for construction document approval is submitted to the 
department within a period of twelve months after such date 
may, at the option of the owner, be performed in its entirety 
in accordance with the provisions of this code, or in accor- 
dance with the 1968 building code, provided that such work 
is commenced within twelve months after the date of issu- 
ance of a permit therefore and is diligently carried on to 
completion. The commissioner may, for good cause, extend 



the time period for commencement of the work beyond 12 
months. Where the owner elects to perform the work in 
compliance with the 1968 building code, the following con- 
ditions shall apply: 

1. Except as otherwise limited by the commissioner, 
administration and enforcement of the 1968 building 
code shall be in accordance with this code, including 
but not limited to approval of construction docu- 
ments, issuance of permits and certificates of occu- 
pancy, tests and inspections, penalties and 
enforcement. Controlled inspections and semi-con- 
trolled inspections as referenced in the 1968 building 
code shall be deemed to be special inspections and 
shall comply with the provisions of this code relating 
to special inspections. Materials regulated in their use 
by the 1968 building code shall be subject to applica- 
ble provisions of this code. 

2. Safety of public and property during construction 
operations including demolition shall be governed by 
chapter 33 of the New York city building code. 

§28-101.4.3 Optional use of the 1968 building code for 
alteration of existing buildings. At the option of the owner, 
and subject to appropriate approval, a permit may be issued 
after the effective date of this code authorizing work on 
existing buildings constructed in accordance with the 1968 
building code or with the building laws in effect prior to the 
effective date of the 1968 building code, to be performed in 
accordance with the requirements and standards set forth in 
the 1 968 building code, subject to the following conditions: 

1. The installation and alteration of all appliances, 
equipment and systems regulated by the New York 
city fuel gas code, the New York city plumbing code 
and the New York city mechanical code shall be gov- 
erned by applicable provisions of those codes relating 
to new and existing installations. 

2. The installation, alteration and additions to fire pro- 
tection systems regulated by Chapter 9 of the New 
York city building code, including a change of occu- 
pancy group that would require such systems, shall be 
governed by applicable provisions of such chapter 
and related referenced standards. With respect to 
existing buildings, references to occupancy classifi- 
cations in Chapter 9 of the New York city building 
code shall be deemed to refer to the equivalent occu- 
pancy classification of the 1968 building code. 

3. The installation and alteration of elevators, convey- 
ors, and amusement rides shall be governed by chap- 
ter 30, appendix K of the New York city building code 
and the rules of the department. 

4. Safety of public and property during construction 
operations including demolition shall be governed by 
chapter 33 of the New York city building code. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-1 



ADMINISTRATION 



5. Where the estimated cost of such alteration in any 
twelve-month period exceeds fifty percent of the cost 
of replacement of the building or where there is a 
change in the main use or dominant occupancy of the 
building, facilities for people with physical disabili- 
ties shall be provided in accordance with chapter 1 1 of 
the New York city building code as if the building 
were hereafter erected. 

6. Encroachments onto the public right of way shall be 
governed by chapter 32 of the New York city building 
code. 

7. Except as otherwise limited by the commissioner, 
administration and enforcement of the 1968 building 
code shall be in accordance with this code, including 
but not limited to approval of construction docu- 
ments, issuance of permits and certificates of occu- 
pancy, tests and inspections, penalties and 
enforcement. Controlled inspections and semi-con- 
trolled inspections as referenced in the 1968 building 
code shall be deemed to be special inspections and 
shall comply with the provisions of this code relating 
to special inspections. Materials regulated in their use 
by the 1968 building code shall be subject to applica- 
ble provisions of this code. 

§28-101.4.4 Alterations that reduce the fire safety or 

structural safety of existing buildings. Notwithstanding 
any other provision of this code, where the alteration of any 
existing building in accordance with a provision of this code 
would result in a reduction of the fire safety or structural 
safety of such building, relevant provisions of the 1968 
building code shall apply to such alteration unless there is 
full compliance with those provisions of this code that 
would mitigate or offset such reduction of fire protection or 
structural safety. 

§28-101.5 Definitions. As used in this chapter and elsewhere 
in this title, the following terms shall have the following mean- 
ings unless the context or subject matter requires otherwise: 

1968 BUILDING CODE. Chapter 1 of title 27 of the adminis- 
trative code as hereafter in effect. 

ACCEPTANCE OR ACCEPTED. In reference to construc- 
tion documents, the endorsement by the department of con- 
struction documents with less than full examination by the 
department based on the professional certification of a regis- 
tered design professional in accordance with a program estab- 
lished by the commissioner. 

ADDITION. An alteration of a building in existence that 
increases its exterior dimensions including but not limited to an 
extension or increase in floor area or height (including an 
increase in height or area resulting from the construction of a 
rooftop structure for mechanical equipment) of the building. 

ADMINISTRATIVE CODE. The administrative code of the 
city of New York. 

ALTERATION. Any construction, addition, change of use or 
occupancy, or renovation to a building or structure in existence. 

APPROVAL OR APPROVED. In reference to construction 
documents, the determination by the department after full 



examination that submitted construction documents comply 
with this code and other applicable laws and rules. In reference 
to materials, the determination by the commissioner that mate- 
rial is acceptable for its intended use. 

APPROVED AGENCY. An established and recognized 
agency, or other qualified person, regularly engaged in con- 
ducting tests or furnishing inspection services, when approved 
pursuant to department rules as qualified to perform or witness 
identified testing or inspection services. 

APPROVED FABRICATOR. An established and qualified 
person, firm or corporation approved by the commissioner to 
custom manufacture or build products or assemblies regulated 
by this code. 

APPROVED INSPECTION AGENCY. An approved 
agency that is approved by the department as qualified to per- 
form one or more of the inspections required by this code. 

APPROVED TESTING AGENCY. An approved agency that 
is approved by the department as qualified to test and evaluate 
the performance of one or more of the materials regulated in 
their use by this code. Such term shall include, when approved 
pursuant to department rules, a third party testing or certifica- 
tion agency, evaluation agency, testing laboratory, testing ser- 
vice or other entity concerned with product evaluation. 

ARCHITECT. A person licensed and registered to practice 
the profession of architecture under the education law of the 
state of New York. 

BUILDING. Any structure used or intended for supporting or 
sheltering any use or occupancy. The term shall be construed as 
if followed by the phrase "structure, premises, lot or part 
thereof unless otherwise indicated by the text. 

CHARTER. The New York city charter. 

CERTIFICATE OF COMPLIANCE. A certificate stating 
that materials meet specified standards or that work was done 
in compliance with approved construction documents and 
other applicable provisions of law and with respect to specified 
service equipment, a certificate issued by the department 
authorizing the operation of such equipment. 

CITY. The city of New York. 

COMMISSIONER. The commissioner of buildings of the 
city of New York, or his or her duly authorized representative. 

CONSTRUCTION DOCUMENTS. Plans and specifica- 
tions and other written, graphic and pictorial documents, pre- 
pared or assembled for describing the design, location and 
physical characteristics of the elements of the project necessary 
for obtaining a building permit. 

DEFERRED SUBMITTAL. Those portions of the design 
that are not submitted at the time of the application for con- 
struction document approval and that are to be submitted to the 
department within a specified period of time after the issuance 
of a permit. 

DEMOLITION. Full or partial demolition. 

DEMOLITION, FULL: The dismantling, razing, or removal 
of all of a building or structure, including all operations inci- 
dental thereto. 



A-2 



NEW YORK CSTY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



DEMOLITION, PARTIAL: The dismantling, razing, or 
removal of structural members, floors, interior bearing walls, 
and/or exterior walls or portions thereof, including all opera- 
tions incidental thereto. 

DEPARTMENT. The department of buildings of the city of 
New York. 

ENGINEER. A person licensed and registered to practice the 
profession of engineering under the education law of the state 
of New York. 

ENLARGEMENT. An addition. 

EXISTING BUILDING OR STRUCTURE, (i) A building 
or structure in existence prior to the effective date of this code 
or one for which a lawful building permit was issued for the 
erection of such building or structure prior to the effective date 
of this code, (ii) A building or structure erected in accordance 
with the 1968 building code under a lawful building permit 
issued for the erection of such building or structure after the 
effective date of this code in accordance with section 
28-101.4.2 of this code. 

FABRICATED ITEM. Products and assemblies regulated by 
this code, that are custom manufactured, or built prior to their 
incorporation into the work at the job site. Fabricated items 
shall not include listed, labeled or approved products or assem- 
blies. 

FIRE PROTECTION PLAN. A report containing a narrative 
description of the life and fire safety systems and evacuation 
system for a structure. 

HEREAFTER. On or after the effective date of this code. 

HERETOFORE. Before the effective date of this code. 

INSPECTION CERTIFICATE. Identification applied to a 
product by an approved agency containing the name of the 
manufacturer, the function and performance characteristics, 
and the name and identification of the approved agency that 
indicates that the product or material has been inspected and 
evaluated by such approved agency. An inspection certificate 
shall also mean a certificate issued by the department upon sat- 
isfactory completion of an inspection or test. 

LABEL. Identification applied to material by the manufac- 
turer or an approved agency that contains the name of the man- 
ufacturer, the function and performance characteristics of the 
material, and the name and identification of the approved 
agency that conducted the evaluation of a representative sam- 
ple of such material. 

LABELED. Material to which has been attached a label, sym- 
bol or other identifying mark of the manufacturer that contains 
the name of the manufacturer, the function and performance 
characteristics of the product or material, and the name and 
identification of an approved agency and that indicates that a 
representative sample of the material has been tested and evalu- 
ated by an approved agency for compliance with nationally 
recognized standards or tests to determine suitable usage in a 
specified manner. 



LAND SURVEYOR. A person licensed and registered to 
practice the profession of land surveying under the education 
law of the state of New York. 

LISTED. Material identified in a list published by an approved 
agency that maintains periodic inspection of production of 
listed material or periodic evaluation services and whose list- 
ing states either that the material meets identified nationally 
recognized standards or has been tested and found suitable for 
a specified purpose when installed in accordance with the man- 
ufacturer's installation instructions. 

LETTER OF COMPLETION. A document issued by the 
department indicating that permitted work has been completed, 
including satisfactory final inspection in accordance with this 
code. A letter of completion is issued only in circumstances 
where a certificate of occupancy is not required upon comple- 
tion of the permitted work. 

LIMITED PLUMBING ALTERATIONS. An alteration to a 
plumbing system where the total cost of the proposed work in 
the building does not exceed twenty five thousand dollars in 
any 12 month period and the proposed work is limited to the 
following: 

1. The installation of new plumbing or gas piping, or the 
rerouting of existing plumbing or gas piping; 

2. The addition of not more than two plumbing fixtures or 
fixture connections; 

3. The mounting of new plumbing fixtures on existing 
roughings, other than the mere replacement of existing 
fixtures constituting a minor alteration or ordinary repair 
under this code; and 

4. The installation or replacement of backflow preventers. 

LIMITED SPRINKLER ALTERATIONS. An alteration to 
an existing sprinkler system where the total cost of the pro- 
posed work in the building does not exceed twenty five thou- 
sand dollars in any 12-month period and the proposed work is 
limited to the following: 

1. Replacement of parts required for the operation of a 
sprinkler system; 

2. Replacement of sprinkler heads, provided that orifice 
sizes, type and deflector positions remain the same; 

3. Changes that do not alter the type of sprinkler system; 

4. Relocation of piping that does not affect the operation of 
the sprinkler system; and 

5. Rearrangement of not more than 20 sprinkler heads in 
areas presently sprinklered in light hazard occupancy, as 
such term is defined in reference standards, which will 
remain in such occupancy, provided that the addition of 
sprinkler heads in existing systems shall be limited to 
light hazard occupancies in rooms or spaces not exceed- 
ing 800 square feet (74.3 m 2 ) requiring only ono head 
with the maximum spacing allowed by the code, and pro- 
vided that the number of new heads does not exceed a 
total of five. 



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LIMITED STANDPIPE ALTERATIONS. An alteration to 
an existing standpipe system where the total cost of the pro- 
posed work in the building does not exceed twenty five thou- 
sand dollars in any 12-month period and the proposed work is 
limited to the following: 

1. Replacement of parts required for the operation of a 
combined standpipe system; and 

2. Relocation of combined standpipe auxiliary hose 
sources and cabinets within 10 feet (3048 mm) of their 
original location, provided that the existing covered area 
is not affected and provided that such relocation com- 
plies with this code for a new installation. 

MAIN USE OR DOMINANT OCCUPANCY (OF A 
BUILDING). Refers to a single occupancy classification 
assigned to a structure by the department according to such 
structure's main use or dominant occupancy. 

MANUFACTURER'S DESIGNATION. Identification 
applied to material by the manufacturer indicating that the 
material complies with a specified standard or set of rules. 

MARK. Identification applied to a product by the manufac- 
turer indicating the name of the manufacturer and the function 
of a product or material. 

MATERIALS. Materials, assemblies, appliances, equipment, 
devices, systems, products and methods of construction regu- 
lated in their use by this code or regulated in their use by the 
1968 building code. 

OCCUPANCY. The purpose or activity for which a building 
or space is used or is designed, arranged or intended to be used. 

OWNER. Any person, agent, firm, partnership, corporation or 
other legal entity having a legal or equitable interest in, or con- 
trol of the premises. 

PARTY WALL. A fire division on an interior lot line common 
to two adjoining buildings. 

PERMIT. An official document or certificate issued by the 
commissioner that authorizes performance of specified work 
or activity. 

PERSON. An individual, partnership, corporation, or other 
legal entity. 

PREMISES. Land, improvements thereon, or any part 
thereof. 

PROFESSIONAL CERTIFICATION. A personal verifica- 
tion of a registered design professional made under such pro- 
fessional's signature and seal that accompanies construction 
documents and other submittal documents filed with the 
department and that attests that such documents do not contain 
false information and are in compliance with all applicable pro- 
visions of law. 

REGISTERED DESIGN PROFESSIONAL. An architect 
or engineer. 

REGISTERED DESIGN PROFESSIONAL OF 
RECORD. The registered design professional who prepared 
or supervised the preparation of applicable construction docu- 
ments filed with the department. 



REQUIRED. Shall mean required by the provisions of this 
code. 

RETAINING WALL. A wall designed to prevent the lateral 
displacement of soil or other materials. £ 

SERVICE EQUIPMENT. Equipment or systems, and all 
components thereof, that provide sanitation, power, light, heat, 
ventilation, air conditioning, refuse disposal, fire-fighting, 
transportation or other facilities for buildings. 

SIGN-OFF. The issuance by the department of a letter of com- 
pletion or certificate of occupancy for permitted work indicat- 
ing the satisfactory completion of all required inspections and 
receipt by the department of all required submittal documents. 

SINGLE ROOM OCCUPANCY MULTIPLE DWELL- 
ING. See section 28-107.2. 

SPECIAL INSPECTION. Inspection of selected materials, 
equipment, installation, fabrication, erection or placement of 
components and connections, to ensure compliance with 
approved construction documents and referenced standards as 
required by chapter 17 of the New York city building code or 
elsewhere in this code or its referenced standards. 

SPECIAL INSPECTOR. An individual having required 
qualifications and authorized by the department to perform or 
witness particular special inspections required by this code or 
by the rules of the department, including but not limited to a 
qualified registered design professional so authorized. 

SUPERINTENDENT OF CONSTRUCTION (CON- 
STRUCTION SUPERINTENDENT). An individual, when 
authorized pursuant to department rules as qualified to superin- 
tend permitted construction work on behalf of the owner. 

STRUCTURE. That which is built or constructed, including 
among others: buildings, stadia, tents, reviewing stands, plat- 
forms, stagings, observation towers, radio towers, tanks, tres- 
tles, open sheds, shelters, fences, and display signs. 

SUBMITTAL DOCUMENTS, Completed application 
forms, construction documents, reports and any other required 
documents submitted in compliance with this code or other 
applicable laws and rules including but not limited to special 
inspection reports, certifications or approvals from other gov- 
ernmental agencies and other data required by this code or by 
the department. 

USE (USED). The purpose for which a building, structure, or 
space is occupied or utilized, unless otherwise indicated by the 
text. Use (used) shall be construed as if followed by the words 
"or is intended, arranged, or designed to be used." 

UTILITY COMPANY OR PUBLIC UTILITY COM- 
PANY. The term shall be construed to have the same meaning 
as that contained in section two of the New York state public 
service law. 

UTILITY CORPORATION OR PUBLIC UTILITY COR- 
PORATION. The term shall be construed to have the same 
meaning as that contained in section two of the New York state 
public service law. 

WORK NOT CONSTITUTING MINOR ALTERATIONS 
OR ORDINARY REPAIRS. See section 28-105.4.2.1. 



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ADMINISTRATION 



WRITING (WRITTEN). The term shall be construed to 
include handwriting, typewriting, printing, photo-offset, or 
any other form of reproduction in legible symbols or charac- 
ters, including, in the discretion of the commissioner, elec- 
tronic media. 

WRITTEN NOTICE. A notification in writing delivered by 
hand to the person or parties intended, or delivered at or sent by 
mail or in the discretion of the commissioner by electronic 
media to the last address known to the party giving such notice. 

ZONING RESOLUTION. The zoning resolution of the city 
of New York, adopted December fifteenth, nineteen hundred 
sixty-one, including all amendments thereto. 



ARTICLE 102 
APPLICABILITY 

§28-102.1 General. Where, in any specific case, different sec- 
tions of this code specify different materials, methods of con- 
struction or other requirements, the most restrictive shall 
govern. Where a general requirement conflicts with a specific 
requirement, the specific requirement shall govern. Where 
British and metric units of measurement conflict, the British 
units shall govern. 

§28-102.2 Other laws. The provisions of this code do not pre- 
sumptively provide for matters that are contained in the charter, 
the labor law, the multiple dwelling law, the zoning resolution, 
or the general city law. Where there is conflict or inconsistency 
between the requirements of this code and other applicable 
laws and rules, unless otherwise required, such conflict shall be 
resolved in favor of the more restrictive requirement. 

§28-102.3 Separability. If any clause, sentence, paragraph, 
section or part of this code shall be adjudged to be invalid, such 
judgment shall not affect, impair or invalidate the remainder 
thereof, but shall be confined in its operation to the clause, sen- 
tence, paragraph, or part thereof directly involved in the contro- 
versy in which such judgment shall have been rendered. 

§28-102.4 Existing buildings. The lawful use or occupancy of 
any existing building or structure, including the use of any ser- 
vice equipment therein, may be continued unless a retroactive 
change is specifically required by the provisions of this code or 
other applicable laws or rules. The continuation of the unlawful 
use or occupancy of a building or structure after the effective 
date of this code contrary to the provisions of this code or other 
applicable law or rule shall be a violation of this code. 

§28-102.4.1 Existing buildings must comply with the 
applicable retroactive requirements of the 1968 building 
code. Existing buildings must comply with the applicable 
retroactive requirements of the 1968 building code includ- 
ing those requiring the installation of fire safety and build- 
ing safety systems and the filing of verifying reports with 
the department of such installations by the dates specified in 
section 27-228.5 of the administrative code or in other 
applicable provisions of such 1968 building code. A viola- 
tion of such provisions shall be a violation of this code. 

§28-102.4.2 Change in use or occupancy. Except as other- 
wise provided in sections 28-101.4.1, 28-101.4.2, 



28-101.4.3 or 28-101.4.4 changes in the use or occupancy 
of any building or structure made after the effective date of 
this code shall comply with the provisions of this code. Any 
changes made in the use or occupancy of a building or struc- 
ture not in compliance with this code shall be prohibited and 
shall be a violation of this code. After a change in use or 
occupancy has been made in a building, the re-establish- 
ment of a prior use or occupancy that would not be lawful in 
a new building of the same construction class shall be pro- 
hibited unless and until all the applicable provisions of this 
code and other applicable laws and rules for such reestab- 
lished use or occupancy shall have been complied with. A 
change from a use prohibited by the provisions of this code, 
but which was permitted prior to the effective date of this 
code, to another use prohibited by the provisions of this 
code shall be deemed a violation of this code. 

§28-102.4.3 Alteration of existing structures. Except as 
otherwise provided in sections 28-101.4.1, 28-101.4.2, 
28-101.4.3 and 28-101.4.4, existing structures altered after 
the effective date of this code shall comply with the provi- 
sions of this code. In accordance with subdivision eleven of 
section three of the multiple dwelling law and article 4 of 
subchapter 1 of the 1968 building code, at the option of the 
owner, multiple dwellings erected prior to December 6, 
1969 may be altered and buildings erected prior to Decem- 
ber 6, 1969 may be converted to multiple dwellings in 
accordance with applicable provisions of the multiple 
dwelling law and the building laws and regulations in effect 
prior to December 6, 1968, provided the general safety and 
public welfare are not thereby endangered. 

§28-102.4.4 Occupancy classifications. With regard to 
existing buildings, references to occupancy classifications 
in this code shall be deemed to refer to the equivalent occu- 
pancy classification under the 1968 building code. 

§28-102.5 Grading of lots. The regulation of lots, in confor- 
mity with the street on which they are situated, shall be calcu- 
lated at curb level. Where a lot has more than one street 
frontage, and is so situated that the street frontages intersect, 
the curb of the longest street frontage shall be used. When the 
street frontages do not intersect, the curb along each frontage 
shall be used to one-half the depth of the lot between street 
frontages. A lot as referred to in this section 28-102.5 shall 
mean a parcel of land twenty-five feet by one hundred feet, or 
less, in one ownership whether adjacent land be in the same or 
other ownership; but, for this purpose, no land in the same own- 
ership may be divided into lots smaller than twenty-five feet by 
one hundred feet. 

§28-102.6 Appendices. All enacted appendices are a part of 
the provisions of this code. 

§28-102.7 References in other laws. References to provisions 
of the building code of the city of New York or to chapter 1 of 
title 27 of the administrative code in other laws shall be deemed 
to refer to equivalent provisions of the 1968 building code or 
the New York city construction codes as the context in which 
such references appear may require. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



ARTICLE 103 

DUTIES AND POWERS OF COMMISSIONER OF 

BUILDINGS 

§28-103.1 Jurisdiction. This code shall be enforced by the 
commissioner of buildings, pursuant to the provisions of sec- 
tion six hundred forty-three of the New York city charter. How- 
ever, the commissioner of small business services may also 
enforce all of the provisions of this code with respect to build- 
ings under the jurisdiction of the department of small business 
services and the fire commissioner may also enforce all the 
provisions of this code relating to: 

1 . The approved number of persons in places of assembly 
(overcrowding); 

2. Obstruction of aisles, corridors, and exits; 

3 . The posting and availability for inspection of certificates 
of occupancy or other authorization of lawful occu- 
pancy, certificates of compliance and place of assembly 
certificates of operation; 

4. The maintenance of fire, smoke and carbon monoxide 
detection and alarm systems, fire extinguishing systems, 
refrigerating systems, storage tanks and auxiliary stor- 
age tanks for oil burning equipment, exit signs and path 
markings, and any fire or life safety system, equipment 
or device intended for use by fire fighting personnel or 
whose use or operation is subject to the New York city 
fire code or other law or rule enforced by the New York 
city fire department, and any related installation and 
signage; and 

5. The installation and testing of fire alarm systems, 
smoke-detecting and carbon monoxide detecting 
devices that are interconnected with a fire alarm system 
or monitored by a central station, and fire extinguishing 
systems for commercial cooking appliances. 

6. Fire fighting equipment, access to and within premises 
upon or in which construction and demolition work is 
being conducted, and the conduct of all construction or 
demolition work affecting fire prevention and fire fight- 
ing. 

§28-103.1.1 Installation of equipment required by the 
New York city fire code. Where the installation of exit 
signs, emergency means of egress illumination, special 
mechanical ventilation and sprinkler and fire alarm systems 
is required by the New York city fire code, the fire commis- 
sioner shall require such installations to be in accordance 
with this code. 

§28-103.1.2 Enforcement of New York city construction 
codes on property within the jurisdiction of the depart- 
ment of small business services. This code and the 1968 
building code shall apply to property within the jurisdiction 
of the department of small business services pursuant to the 
New York city charter including, but not limited to, struc- 
tures on waterfront property used in conjunction with and in 
furtherance of waterfront commerce and/or navigation. It 
shall be administered and enforced by the department of 
small business services in the same manner as property 
within the jurisdiction of the department. 



§28-103.2 Interpretation. This code shall be liberally inter- 
preted to secure the beneficial purposes thereof. 

§28-103.3 Variations. The requirements and standards pre- 
scribed in this code shall be subject to variation in specific 
cases by the commissioner, or by the board of standards and 
appeals, under and pursuant to the provisions of paragraph two 
of subdivision (b) of section six hundred forty-five and section 
six hundred sixty-six of the New York city charter, as amended. 

§28-103.4 Appeals. An appeal from any decision or interpreta- 
tion of the commissioner may be taken to the board of stan- 
dards and appeals pursuant to the procedures of the board, 
except as provided in section 25-204 of the administrative code 
or as otherwise provided in this code. 

§28-103.5 Seal; judicial notice. The commissioner may 
design and adopt a seal for the department for use in the authen- 
tication of the orders and proceedings of the department, and 
for such other purposes as the commissioner may prescribe. 
The courts shall take judicial notice of such seal, and of the sig- 
nature of the commissioner, the deputy commissioners, and the 
borough superintendents of the department. 

§28-103.6 Proofs, affidavits and oaths. Proofs, affidavits and 
examinations as to any matter arising in connection with the 
performance of any of the duties of the department may be 
taken by or before the commissioner, or a deputy commis- 
sioner, or such other person as the commissioner may desig- 
nate; and such commissioner, deputy or other person may 
administer oaths in connection therewith. 

§28-103.7 Cooperation of other departments. Upon request 
of the commissioner, it shall be the duty of all departments to 
cooperate with the department of buildings at all times, and to 
furnish to such department such information, reports and assis- 
tance as the commissioner may require. 

§28-103.8 Matters not provided for. Any matter or require- 
ment essential for fire or structural safety or essential for the 
safety or health of the occupants or users of a structure or the 
public, and which is not covered by the provisions of this code 
or other applicable laws and rules, shall be subject to determi- 
nation and requirements by the commissioner in specific cases. 

§28-103.9 Additional tests. Whenever there is insufficient 
evidence of compliance with the provisions of this code, or evi- 
dence that a material or method of construction does not con- 
form to the requirements of this code, or in order to substantiate 
claims for alternative materials or methods, the commissioner 
shall have the authority to require tests as evidence of compli- 
ance to be made at no expense to the city. Test methods shall be 
as specified in this code, or by other recognized test standards 
approved by the commissioner. In the absence of recognized 
and accepted test methods, the commissioner shall approve the 
testing procedures. Tests shall be performed as directed by the 
commissioner. Reports of such tests shall be retained by the 
department for the period required for retention of public 
records. 

§28-103.10 Supporting documentation for materials. 

Whenever this code or the rules of the department permits the 
use of material regulated in its use by this code or the 1968 
building code without the prior approval of the commissioner, 
the commissioner may, in the interest of public safety, require 



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NEW YORK CSTY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



the submittal of supporting documentation that any material 
used or proposed to be used complies with the applicable code 
standard for such use. Such supporting documentation may 
consist of but shall not be limited to certification documents of 
an approved agency, test reports, analysis, computations or 
other evidence of such compliance. 

§28-103,11 Applications and permits. The department shall 
receive and review applications, construction documents, and 
other submittal documents and shall issue permits, in accor- 
dance with the provisions of this code. 

§28-103.12 Identification. Department personnel shall carry 
metal badges with suitable inscriptions thereon or other pre- 
scribed identification when inspecting structures or premises 
or otherwise in the performance of their duties under this code. 

§28-103.13 Right of entry. The commissioner or his or her 
authorized representatives, in the discharge of their duties, 
shall have the right to enter upon and inspect, at all reasonable 
times, any buildings, enclosure, premises, or any part thereof, 
or any signs or service equipment contained therein or attached 
thereto for the purpose of determining compliance with the 
provisions of this code and other applicable building laws and 
rules. Officers and employees of the department shall identify 
themselves by exhibiting the official badge or other identifica- 
tion prescribed by the department; and other authorized repre- 
sentatives of the commissioner shall identify themselves by 
producing and exhibiting their authority in writing signed by 
the commissioner. If access is not obtained, the commissioner 
shall have recourse to remedies provided by law to secure entry. 

§28-103.14 Department records. The department shall keep 
official records of applications received, permits and certifi- 
cates issued, fees collected, reports of inspections, and notices 
and orders issued. Such records shall be retained in the official 
records for the period required for retention of public records. 

§28-103.14.1 List of permits for cellular antenna. The 

commissioner shall maintain a separate list of alteration per- 
mits issued for the erection or placement of antennae used to 
provide cellular telephone or similar service or any structure 
related to such service which shall, at a minimum, set forth 
the name, business address and business telephone number 
of the applicant, the date of the application, the date the per- 
mit was issued, the location for which the permit was issued, 
including the premises address and the zoning district, 
whether residential, commercial, or manufacturing, and the 
number of permits issued for such pmpose at the same loca- 
tion. Such list shall be made available to the public upon 
request between regular business hours and shall be avail- 
able to the public in electronic format on a 24-hour basis on 
the department's website. 

§28-103.15 Insurance. The commissioner may require appli- 
cants for permits to obtain and furnish proof of workers' com- 
pensation, disability and general liability insurance in such 
amounts and in accordance with such specifications as shall be 
set forth in the rules of the department or as otherwise required 
by law. 

§28-103.16 Inspections of completed buildings, structures, 
signs, service equipment and construction machinery and 
equipment. In addition to other required inspections, the com- 



missioner may make or require inspections of completed build- 
ings, structures, signs, service equipment installations and con- 
struction machinery and equipment to ascertain compliance 
with the provisions of this code and other laws that are enforced 
by the department. Such inspections may be made on behalf of 
the department by officers and employees of the department 
and other city departments and governmental agencies; and by 
approved agencies, special inspectors or other persons when 
the commissioner is satisfied as to their qualifications and reli- 
ability. The commissioner may accept inspection and test 
reports from persons authorized by this code or by the commis- 
sioner to perform such inspections. Such reports shall be filed 
with the department. 

§28-103.17 Certain outside work, employment and finan- 
cial interests of department employees prohibited. It shall 
be unlawful for any officer or employee of the department to be 
engaged in conducting or carrying on business as an architect, 
engineer, carpenter, plumber, iron worker, mason or builder, or 
any other profession or business concerned with the construc- 
tion, alteration, sale, rental, development, or equipment of 
buildings. It shall also be unlawful for such employees to be 
engaged in the manufacture or sale of automatic sprinklers, fire 
extinguishing apparatus, fire protection devices, fire preven- 
tion devices, devices relating to the means or adequacy of exit 
from buildings, or articles entering into the construction or 
alteration of buildings, or to act as agent for any person 
engaged in the manufacture or sale of such articles, or own 
stock in any corporation engaged in the manufacture or sale of 
such articles. 

§28-103.18 Investigation of complaints. The commissioner 
shall cause all complaints to be investigated. For purposes of 
investigating complaints of violations of law enforced by the 
department, the commissioner may by rule establish a program 
to classify structures based on their enforcement history and 
may create criteria for such classification and assign enforce- 
ment resources accordingly. 

§28-103.18.1 Complaint records. The department shall 
keep records of complaints made by any person in reference 
to any building or other matter under the jurisdiction of the 
department. Recorded complaints shall include the name 
and residence of the complainant, the name of the person 
complained of, the date of the entry of the complaint and any 
suggested remedies. Except for entries of names and resi- 
dences of the complainants, such records shall be made 
available for public examination. 

§28-103.19 Addition, modification, and deletion of refer- 
enced standards. The standards referenced in this code may 
be added to, deleted or modified pursuant to local law or by rule 
of the department. Every such rule adding, deleting or modify- 
ing a referenced standard shall indicate the promulgating 
agency of the standard, the standard identification, the effective 
date and title and the section or sections of this code to which 
such standard applies. The commissioner shall act in consulta- 
tion with the fire commissioner on matters relating to fire 
safety. 

Exception: Referenced standards in the New York city 
plumbing code, other than referenced national standards 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



contained in chapter 13 of such code, shall not be added to, 
deleted, or modified by rule. 

§28-103.20 Existing rules continued. Rules promulgated by 
the department in accordance with the law in effect prior to the 
effective date of this code shall remain in effect for the matters 
covered to the extent that such rules are not inconsistent with 
this code unless and until such rules are amended or repealed 
by the department. 



ARTICLE 104 
CONSTRUCTION DOCUMENTS 

§28-104.1 General. The department shall not issue a permit 
pursuant to this code, or a place of assembly operation certifi- 
cate pursuant to this code unless and until it approves all 
required construction documents for such work. The depart- 
ment shall not issue an electrical work permit pursuant to the 
New York city electrical code for fire and emergency alarm 
systems, solar panels and wind turbines unless and until it 
approves all required construction documents for such work. 
Such construction documents shall be prepared by or under the 
supervision of a registered design professional as required by 
this code. An application for an associated work permit shall 
not be submitted to the department until all required construc- 
tion documents have been approved. 

§28-104.1.1 Construction documents subject to the New 
York city fire code. Except as the New York city fire code 
may otherwise provide, the construction documents for 
facilities and systems for which the fire code provides 
design and installation requirements, including but not lim- 
ited to fire alarm systems, flammable and combustible liq- 
uids, compressed gases, explosives and other hazardous 
materials; flammable spraying systems and facilities; auto- 
matic water sprinkler systems for hazardous material and 
combustible material storage, and non-water fire extin- 
guishing systems, shall be subject to the review and 
approval of the fire commissioner in accordance with the 
New York city fire code. Approval by the department of 
construction documents for new or existing buildings con- 
taining such facilities and systems shall not be construed as 
approval of such systems and facilities. 

§28-104.2 Application for approval of construction docu- 
ments. The department shall assign a job number to and docket 
all applications for approval of construction documents and 
any amendments thereto filed with it. The department shall 
examine the construction documents promptly after their sub- 
mission. The examination shall be made under the direction of 
the commissioner for compliance with the provisions of this 
code and other applicable laws and rules. The personnel 
employed for the examination of construction documents shall 
be qualified registered design professionals, experienced in 
building construction and design. 

§28-104.2.1 Less than full examination of construction 
documents. The commissioner may, in the commissioner's 
discretion, establish a program whereby construction docu- 
ments may be accepted with less than full examination by 
the department based on the professional certification of an 
applicant who is a registered design professional. 



§28-104.2.1.1 Effect of acceptance. Except as other- 
wise specified in this code or in the rules of the depart- 
ment, for the purposes of this code, the acceptance of 
construction documents in accordance with such pro- 
gram shall have the same force and effect as the approval 
of construction documents after full examination by the 
department. Except as otherwise specified in this code or 
in the rules of the department, references in this code to 
approved construction documents or to the approval of 
construction documents shall also be deemed to refer to 
accepted construction documents or to the acceptance of 
construction documents, as applicable. 

§28-104.2.1.2 Program requirements. The commis- 
sioner may establish qualifications and requirements for 
registered design professionals to participate in such pro- 
gram and may exclude, suspend or otherwise sanction 
participants for cause. 

§28-104.2.1.3 Mandatory program requirements. 

Registered design professionals participating in such 
program shall be subject to sections 28-104.2.1.3.1 
through 28-104.2.1.3.2. 

§28-104.2.1.3.1 Probation. A registered design pro- 
fessional shall not be eligible to participate in the pro- 
gram during any period of probation imposed as a 
sanction by the board of regents pursuant to section 
651 1 of the education law. 

§28-104.2.1.3.2 Mandatory sanctions. The com- 
missioner shall, after the opportunity for a hearing 
before the office of administrative trials and hearings 
in accordance with department rules, exclude, sus- 
pend or otherwise condition the participation of a reg- 
istered design professional who (i) knowingly or 
negligently submits a professional certification of an 
application and/or construction documents that con- 
tains false information or is not in compliance with all 
applicable provisions of law, or (ii) submits two pro- 
fessionally certified applications for construction 
document approval within any 1 2-month period con- 
taining errors that result in revocation of an associated 
permit or that otherwise demonstrate incompetence 
or a lack of knowledge of applicable laws. The term 
4 'otherwise condition" shall mean limitations on such 
professional's participation in the program, such as, 
but not limited to, audits and monitoring of the regis- 
tered design professional's applications and other 
submissions. 

§28-104.2.1.3.2.1 Reinstatement. A registered 
design professional who is excluded from the pro- 
gram in accordance with section 28-104.2. 1.3 may 
apply for reinstatement one year or more after such 
exclusion. An applicant who the commissioner 
finds is qualified to resume participation in the 
program shall be on probation for a period of not 
less than 6 months after reinstatement and during 
that time shall as a condition of such reinstatement 
attend one or more training or continuing educa- 
tion courses, approved by the department, related 
to compliance with the building code and related 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



laws and rules and the zoning resolution. The pro- 
fessional shall submit satisfactory proof of the suc- 
cessful completion of such training or continuing 
education courses to the department. 

§28-104.2.13.2.2 Mandatory permanent revo- 
cation. The commissioner shall permanently 
revoke, without the opportunity of restoration, the 
professional certification privileges of an engineer 
or architect who, while on probation, profession- 
ally certifies an application, plans, construction 
documents or other document that contains false 
information or is not in compliance with all appli- 
cable provisions of law or who otherwise demon- 
strates incompetence or a lack of knowledge of 
applicable laws. 

§28-104.2.1.3.2.3 Construction. Nothing herein 
shall be construed to limit the commissioner's 
power, consistent with state and local law, to adopt 
rules that include additional grounds to limit the 
filing privileges of or otherwise sanction registered 
design professionals, after the opportunity for a 
hearing, who it determines, knowingly or negli- 
gently submit applications or other documents to 
the department that contain false information or 
are not in compliance with all applicable provi- 
sions of law or that otherwise demonstrate incom- 
petence or a lack of knowledge of applicable law or 
standards. 

§28-104.2.1.4 Database. The department shall create 
and maintain a database of all registered design profes- 
sionals who have been excluded, suspended or otherwise 
sanctioned by the department. Within 7 business days of 
the date a sanction is imposed, the department shall post 
on its website and shall make available upon request, the 
name of the registered design professional, a description 
of the sanction, the initial date of the sanction, the rein- 
statement date, if applicable, the address of the premises 
for which the application associated with the sanction 
was submitted, and whether the sanction was imposed 
after a hearing or a settlement. The department shall pro- 
vide requested information concerning the exclusion, 
suspension or other sanction of a specific registered 
design professional within 30 days of such request. 

§28-104.2.1.5 Applicant requirement. The program 
shall include a condition that the applicant remain with 
the job until it is signed-off by the department and that if 
the applicant withdraws from the job before the issuance 
of a letter of completion or certificate of occupancy, as 
applicable, all work shall stop and no permit, letter of 
completion or certificate of occupancy shall be issued 
until a successor registered design professional is desig- 
nated as applicant and such person submits (i) a profes- 
sional certification indicating his or her concurrence 
with the construction documents as accepted by the 
department or (ii) new construction documents are 
approved or accepted by the department. 

§28-104.2.2 Approval or acceptance to be indicated on 
construction documents. All construction documents, 



when approved, shall be stamped or endorsed "approved" 
under the official method of the department, followed by a 
notation of the date except that construction documents 
accepted with less than full examination by the department 
shall be stamped or endorsed "accepted" instead of 
"approved". One set of "approved" or "accepted" construc- 
tion documents shall be retained by the department and 
another set shall be maintained at the job site until the work 
authorized by the permit is completed and signed-off by the 
department. 

§28-104.2.3 Time limitation of application. An applica- 
tion for approval of construction documents shall be 
deemed to have been abandoned 12 months after the date of 
its submission, unless such application has been diligently 
prosecuted after rejection in whole or in part, or unless a per- 
mit shall have been issued pursuant to this code, except that 
the commissioner may upon application, for reasonable 
cause, grant extensions of time for additional 12-month 
periods. 

§28-104.2.4 Conditions of approval. All construction doc- 
uments approved by the commissioner shall be conditioned 
upon and subject to compliance with the requirements of 
this code and other applicable laws and rules in effect at the 
time of issuance of the associated work permit or place of 
assembly certificate of operation. 

§28-104.2.5 Phased or partial approval. In the case of 
construction documents for the construction of new build- 
ings or the alteration of buildings, the commissioner may 
grant partial approval of construction documents for the 
issuance of foundation and earthwork permits before the 
construction documents for the entire building or structure 
have been submitted. The approval of such partial applica- 
tions will be subject to the submittal and approval of con- 
struction documents, filed together or separately, 
comprising: 

1. The lot diagram showing the exact location of the lot 
and dimensions to the nearest corner; 

2. A complete zoning analysis showing compliance of 
the proposed work with the zoning resolution; 

3. The foundation plans, as provided for in this code; 
and 

4. The floor and roof plans showing compliance with 
exit requirements, as provided for in this code. 

The issuance of such foundation and earthwork permit is 
subject to submission of required submittal documents. The 
owner and the holder of such foundation and earthwork per- 
mit shall proceed at their own risk with the construction 
operation and without assurance that a permit for the entire 
structure will be granted. 

§28-104.2.6 Deferred submittal. With the prior approval 
of the department, the applicant may defer submittal of por- 
tions of the design until a specified period of time after the 
issuance of a permit. The applicant shall list the deferred 
submittal items on the initial application for construction 
document approval. The deferred submittal items shall not 
be constructed or installed until the design and submittal 



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ADMINISTRATION 



documents for the item have been approved by the depart- 
ment. 

§28-104.2.7 Time period for review. Completed construc- 
tion documents complying with the provisions of this code 
and other applicable laws and rules shall be approved by the 
commissioner and written notice of approval shall be given 
the applicant promptly and no later than 40 calendar days 
after the submission of a complete application. 

Exceptions: 

1. On or before the fortieth day, the commissioner 
may, for good cause shown and upon notification 
to the applicant, extend such time for an additional 
20 calendar days. 

2. Such time period for review shall commence in 
accordance with article 107 for single room occu- 
pancy multiple dwellings. 

§28-104.2.8 Notification of rejection. Applications failing 
to comply with the provisions of this code and other applica- 
ble laws and rules shall be rejected and written notice of 
rejection, stating the grounds of rejection, shall be given the 
applicant promptly and not later than the date required in 
section 28-104.2.7. 

§28-104.2.9 Resubmission. Whenever an application has 
been rejected and is thereafter revised and resubmitted to 
meet the stated grounds of rejection, the revised application 
and construction documents shall be approved if they meet 
the stated grounds of rejection and otherwise comply with 
the provisions of this code and other applicable laws and 
rules or shall be rejected if they fail to meet the stated 
grounds of rejection or otherwise fail to so comply. Written 
notice of approval or written notice of rejection, stating the 
grounds of rejection, shall be given the applicant promptly 
and not later than 20 calendar days after the resubmission of 
such documents. 

§28-104.2.10 Revocation of approval. The commissioner 
may, on notice to the applicant, revoke the approval of con- 
struction documents for failure to comply with the provi- 
sions of this code or other applicable laws or rules; or 
whenever there has been any false statement or any misrep- 
resentation as to a material fact in the submittal documents 
upon the basis of which such approval was issued; or when- 
ever an approval has been issued in error and conditions are 
such that approval should not have been issued. Such notice 
shall inform the applicant of the reasons for the proposed 
revocation and that the applicant has the right to present to 
the commissioner or his or her representative within 10 
business days of personal service or 15 calendar days of the 
posting of service by mail, information as to why the 
approval should not be revoked. 

§28-104.2.10.1 Effect on work permit. The effect of 
revocation of approval of construction documents is the 
automatic revocation of all associated work permits that 
may have been issued. 

§28-104.3 Amended construction documents. Subject to the 

time limitations set forth in this code, amendments to approved 
construction documents shall be submitted, reviewed and 
approved before the final inspection of the work or equipment 



is completed; and such amendments when approved shall be 
deemed part of the original construction documents. The 
department may allow minor revisions of construction docu- 
ments to be made and submitted to the department after the 
completion of work but prior to sign-off of the work in accor- 
dance with department rules. 

§28-104.4 Place of filing. Except as otherwise provided by 
rule, applications for construction document approval shall be 
filed in the department office in the borough in which the work 
or equipment is located or at the discretion of the commissioner 
shall be submitted electronically. 

§28-104.5 Fees. Filing fees shall be paid as required by article 
112. 

§28-104.6 Applicant. The applicant for approval of construc- 
tion documents shall be the registered design professional who 
prepared or supervised the preparation of the construction doc- 
uments on behalf of the owner. 

Exception: The applicant may be other than a registered 
design professional for: 

1. Limited plumbing alterations, limited sprinkler alter- 
ations, and limited standpipe alterations, where the 
applicant is licensed to perform such work pursuant to 
this code; 

2. Demolition applications other than those specified in 
section 3306.5 of the New York city building code, 
where the applicant is the demolition contractor per- 
forming such demolition. In such cases, the commis- 
sioner may require structural plans designed by a 
registered design professional to address any critical 
structural, sequencing or site safety items; 

3. Elevator applications; 

4. Other categories of work consistent with rules pro- 
mulgated by the commissioner. 

§28-104.6.1 Verification of professional qualification 

required. The department shall not accept construction 
documents or other documents submitted in connection 
with applications for construction document approval or 
work permits under this code by any person representing 
that he or she is an architect or engineer without verifying, 
by means of lists compiled and made available by the New 
York state department of education pursuant to paragraph 
e-1 of subdivision four of section sixty-five hundred seven 
of the education law, that such person meets the qualifica- 
tions established by law to practice as an architect or engi- 
neer in New York state. 

§28-104.7 Submittal of construction documents. All con- 
struction documents submitted to the department shall contain 
such information and shall be in such form as shall be set forth 
in this section 28-104.7 and the rules of the department. Con- 
struction documents shall also conform to standards as may be 
prescribed in the applicable sections of the construction codes. 

§28-104.7.1 Scope. Construction documents shall be com- 
plete and of sufficient clarity to indicate the location and 
entire nature and extent of the work proposed, and shall 
show in detail that they conform to the provisions of this 
code and other applicable laws and rules; if there exist prac- 



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NEW YORK CSTY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



tical difficulties in the way of carrying out the strict letter of 
the code, laws or rules, the applicant shall set forth the 
nature of such difficulties. 

§28-104.7.2 Forms. The applicant shall submit construc- 
tion documents on or accompanied by forms provided by 
the department. 

§28-104.7.3 Media. Construction documents shall be 
printed upon suitable material, or presented as electronic 
media documents as determined by the commissioner. Plans 
shall be drawn to suitable scale. 

§28-104.7.4 Quantities. The applicant shall submit the 
number of copies of construction documents as the commis- 
sioner shall require. 

§28-104.7.5 Citations to code sections required. In no 

case shall terms such as "code compliant*', "approved", 
"legal" or similar terms be used in the construction docu- 
ments as a substitute for specific reference to a particular 
code section, approval or standard in order to show compli- 
ance with code requirements or other applicable laws and 
rules. 

§28-104.7.6 City datum. All elevations noted in the con- 
struction documents shall be referred to and clearly identi- 
fied as the United States coast and geodetic survey mean sea 
level datum of 1929 (national geodetic vertical datum, 
"NGVD"), which is hereby established as the city datum. 
By way of examples, tables 104.7.6.1 through 104.7.6.5 
shall be used to convert borough elevations to their corre- 
sponding equivalent NGVD elevations. 

TABLE 104.7.6.1 



TABLE 104.7.6.5 



+ STATEN ISLAND 
+ ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 3.192 -> 


13.192 


6.808 


-> add 3.192 -> 


10.000 



BRONX ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-» add 2.608 -> 


12.608 


7.392 


-> add 2,608 -» 


10.000 


TABLE 104.7.6.2 


BROOKLYN 
ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-» add 2.547 -» 


12.547 


7.453 


-> add 2.547 -> 


10.000 


TABLE 104.7.6.3 


MANHATTAN 
ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 2.752 -► 


12.752 


7.248 


~> add 2.752 -^ 


10.000 


TABLE 104.7.6.4 


QUEENS ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 2.725 -> 


12.725 


7.275 


-> add 2.725 -> 


10.000 



§28-104.7.7 Identification of special inspections. When- 
ever materials are subject to special inspection, as provided 
in this code, such materials shall be listed on the title sheet of 
the construction documents, or the sheet immediately fol- 
lowing, as subject to special inspection. 

§28-104.7.8 Identification of materials. Construction 
documents shall identify all materials proposed to be used, 
including identification of the test standard to which they 
conform, and where applicable, supporting information or 
test data from the manufacturer attesting to such confor- 
mance. 

§28-104.7.9 Energy conservation construction code. The 

application shall contain all information required to demon- 
strate compliance with the energy conservation construc- 
tion code of New York state. 

§28-104.7.10 Preparer. Each plan or drawing shall contain 
the license number, seal, signature (or equivalent as 
approved by the commissioner) and address of the regis- 
tered design professional who prepared or supervised the 
preparation of the plans. 

§28-104.7.11 Additional information. In addition to the 
data and information specified in this code and the rules of 
the department, the commissioner is authorized to require 
the submission of additional plans, surveys, computations, 
analyses, test reports, photographs, special inspection and 
such other data and information as may be necessary to 
determine compliance with this code and other applicable 
laws and rules. 

§28-104.7.12 Waiver of certain documents. The commis- 
sioner is authorized to waive the submission of any of the 
required construction documents and other data if review of 
such documents is not necessary to ascertain compliance 
with this code or not required for the phase of work for 
which a permit is sought. 

§28-104.8 Applications. All applications shall comply with 
sections 28-104.8.1 through 28-104.8.4. 

§28-104.8.1 Applicant statements. The application shall 
contain the following signed and sealed statements by the 
applicant: 

1 . A statement certifying that the applicant is authorized 
by the owner to make the application and certifying 
that, to the best of the applicant's knowledge and 
belief, the construction documents comply with the 
provisions of this code or the 1968 building code, if 
applicable, and other applicable laws and rules; if 
there exist practical difficulties in the way of carrying 
out the strict letter of the code, laws or rules, the appli- 
cant shall set forth the nature of such difficulties in 
such signed statement; and 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



2. A statement certifying (i) that the site of the building 
to be altered or demolished, or the site of the new 
building to be constructed, contains no occupied 
housing accommodations subject to rent control or 
rent stabilization under chapters 3 and 4 of title 26 of 
the administrative code, or (ii) that the owner has noti- 
fied the New York state division of housing and com- 
munity renewal of the owner's intention to file such 
plans and has complied with all requirements 
imposed by the regulations of such agency as precon- 
ditions for such filing; or (iii) that the owner has not 
notified such agency of the owner' s intention to file 
because the nature and scope of the work proposed, 
pursuant to such regulations, does not require notifi- 
cation. 

3. A professional certification. 

4. A statement certifying compliance with the energy 
conservation construction code of New York state. 

§28-104.8.2 Owner statement. The application shall con- 
tain a signed statement by the owner, cooperative owners' 
corporation, or condominium owners' association stating 
that the applicant is authorized to make the application and, 
if applicable, acknowledging that construction documents 
will be accepted with less than full examination by the 
department based on the professional certification of the 
applicant. Such statement shall list the owner's full name 
and address, as well as the names of the principal officers, 
partners or other principals if a corporation, partnership or 
other entity. Principal officers of a corporation shall be 
deemed to include the president, vice presidents, secretary 
and treasurer. 

§28-104.8.3 Information of applicant, filing representa- 
tive, and owner. The application shall set forth the full 
names, addresses, telephone numbers, and where available, 
e-mail addresses of the following persons and where any of 
such persons are corporations, partnerships or other busi- 
ness entities, the names and addresses of the principal offi- 
cers, partners or other principals of such entity: 

1 . The applicant; 

2. The filing representative; 

3. The owner, cooperative owners' corporation, or con- 
dominium owners' association; and 

4. Where a person other than the owner has engaged the 
applicant, such cooperative unit shareholder, condo- 
minium unit owner, lessee, or mortgagee. 

§28-104.8.4 Tenant protection plan. Construction docu- 
ments for alterations of buildings in which any dwelling unit 
will be occupied during construction shall include a tenant 
protection plan. Such plan shall contain a statement that the 
building contains dwelling units that will be occupied dur- 
ing construction and shall indicate in sufficient detail the 
specific units that are or may be occupied during construc- 
tion, the means and methods to be employed to safeguard 
the safety and health of the occupants, including, where 
applicable, details such as temporary fire-rated assemblies, 
opening protectives, or dust containment procedures. The 



elements of the tenant protection plan may vary depending 
on the nature and scope of the work but at a minimum shall 
make detailed and specific provisions for: 

1 . Egress. At all times in the course of construction pro- 
vision shall be made for adequate egress as required 
by this code and the tenant protection plan shall iden- 
tify the egress that will be provided. Required egress 
shall not be obstructed at any time except where 
approved by the commissioner. 

2. Fire safety. All necessary laws and controls, includ- 
ing those with respect to occupied dwellings, as well 
as additional safety measures necessitated by the con- 
struction shall be strictly observed. 

3. Health requirements. Specification of methods to 
be used for control of dust, disposal of construction 
debris, pest control and maintenance of sanitary facil- 
ities, and limitation of noise to acceptable levels shall 
be included. 

3.1. There shall be included a statement of compli- 
ance with applicable provisions of law relat- 
ing to lead and asbestos. 

4. Compliance with housing standards. The require- 
ments of the New York city housing maintenance 
code, and, where applicable, the New York state mul- 
tiple dwelling law shall be strictly observed. 

5. Structural safety. No structural work shall be done 
that may endanger the occupants. 

6. Noise restrictions. Where hours of the day or the 
days of the week in which construction work may be 
undertaken are limited pursuant to the New York city 
noise control code, such limitations shall be stated. 



ARTICLE 105 
PERMITS 

§28-105.1 General. It shall be unlawful to construct, enlarge, 
alter, repair, move, demolish, remove or change the use or 
occupancy of any building or structure in the city, or to erect, 
install, alter, repair, or use or operate any sign or service equip- 
ment in or in connection therewith, or to erect, install, alter, 
repair, remove, convert or replace any gas, mechanical, plumb- 
ing or fire suppression system in or in connection therewith or 
to cause any such work to be done unless and until a written 
permit therefore shall have been issued by the commissioner in 
accordance with the requirements of this code, subject to such 
exceptions and exemptions as may be provided in section 
28-105.4. 

§28-105.1.1 Notification to lire department. The com- 
missioner, in consultation with the fire commissioner, shall 
establish a procedure for notifying the fire department of the 
issuance of any permit that will result in the issuance of a 
new or amended certificate of occupancy or other change in 
the use or occupancy of the premises. In no instance shall 
the required notice be given to the fire department more than 
one business day after the date of the issuance of the permit. 



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§28-105.2 Classification of work permits. For the purposes 
of this code, work permits shall be classified as follows: 

1. New building permits: for the construction of new 
buildings. 

2. Alteration permits: for the alteration of buildings or 
structures, including partial demolition in conjunction 
therewith. 

3. Foundation and earthwork permits: for the con- 
struction or alteration of foundations, including earth- 
work, excavation, and fill. 

4. Full demolition permits: for the full demolition of 
buildings or structures. 

5. Plumbing permits: for the installation or alteration of 
plumbing and plumbing systems, including gas piping. 
Such permits shall include permits for limited plumb- 
ing alterations. 

6. Sign permits: for the erection or alteration of signs and 
sign structures. 

7. Service equipment permits: for the installation or 
alteration of service equipment, including but not lim- 
ited to air conditioning and ventilating systems, boilers, 
elevators, escalators, moving walkways and dumb- 
waiters. 

8. Temporary construction equipment permits: for the 
erection, installation and use of temporary structures to 
facilitate construction and/or for public or worker 
safety during construction, including but not limited to 
temporary fences, railings, catch platforms, 
over-the-sidewalk chutes, footbridges, sidewalk sheds, 
and scaffolds. 

9. Fire suppression system permits: for the installation 
and alteration of fire suppression systems, including 
but not limited to sprinkler systems, standpipe systems, 
and non- water systems. Such permits shall include per- 
mits for limited sprinkler alterations and limited 
standpipe alterations. 

10. Crane and derrick permits: for the use of power 
operated cranes and derricks during construction. 

§28-1053 Separate permits required. Separate work permits 
shall be required, as provided above, except that separate per- 
mits for foundations and earthwork, or for the installation or 
alteration of air conditioning systems, ventilation systems, and 
heating systems shall not be required whenever such work is 
included in and forms a part of the construction documents 
filed for the construction of a new building or the alteration of a 
building or structure. 

§28-105.4 Work exempt from permit. Exemptions from per- 
mit requirements of this code shall not be deemed to grant 
authorization for any work to be done in any manner in viola- 
tion of the provisions of this code, the zoning resolution or any 
other law or rules enforced by the department. Such exemp- 
tions shall not relieve any owner of the obligation to comply 
with the requirements of or file with other city agencies. Unless 



otherwise indicated, permits shall not be required for the fol- 
lowing; 

1. Emergency work, as set forth in section 28-105.4.1. 

2. Minor alterations and ordinary repairs, as described in 
section 28-105.4.2. 

3. Certain work performed by a public utility company or 
public utility corporation, as set forth in section 
28-105.4.3. 

4. Ordinary plumbing work, as set forth in section 
28-105.4.4. 

5. Permits for the installation of certain signs, as set forth in 
section 28-105.4.5. 

6. Other categories of work as described in department 
rules, consistent with public safety. 

§28-105.4.1 Emergency work. Work that would otherwise 
require a permit may be performed without a permit to the 
extent necessary to relieve an emergency condition. An 
application for a permit shall be submitted within 2 business 
days after the commencement of the emergency work and 
shall include written description of the emergency condition 
and the measures undertaken to mitigate the hazard. Emer- 
gency work may include but shall not be limited to: 

1. Erection of sidewalk sheds, fences, or other similar 
structures to protect the public from an unsafe condi- 
tion. 

2. Stabilization of unsafe structural conditions. 

3. Repair of gas leaks. 

4. Repair or replacement of heating or hot water equip- 
ment servicing residential occupancies during the 
heating season as established by the New York city 
housing maintenance code. 

5. Replacement of parts required for the operation of a 
combined standpipe or sprinkler system. 

§28-105.4.2 Minor alterations and ordinary repairs. A 

permit shall not be required for minor alterations and ordi- 
nary repairs. 

§28-105.4.2.1 Definitions. The following words and 
terms shall, for the purposes of this section 28-105.4.2 
and as used elsewhere in this code, have the meanings 
shown herein. 

MINOR ALTERATIONS. Minor changes or modifica- 
tions in a building or any part thereof, excluding addi- 
tions thereto, that do not in any way affect health or the 
fire or structural safety of the building or the safe use and 
operation of the service equipment therein. Minor alter- 
ations shall not include any of the work described as 
"work not constituting minor alterations or ordinary 
repairs." 

ORDINARY REPAIRS. Replacements or renewals of 
existing work in a building, or of parts of the service 
equipment therein, with the same or equivalent materials 
or equipment parts, that are made in the ordinary course 
of maintenance and that do not in any way affect health or 



NEW YORK CSTY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



the fire or structural safety of the building or the safe use 
and operation of the service equipment therein. Ordinary 
repairs shall include the repair or replacement of any 
plumbing fixture, piping or faucets from any exposed 
stop valve to the inlet side of a trap. Ordinary repairs shall 
not include any of the work described as "work not con- 
stituting minor alterations or ordinary repairs." 

WORK NOT CONSTITUTING MINOR ALTER- 
ATIONS OR ORDINARY REPAIRS. Minor alter- 
ations or ordinary repairs shall not include: 

1. The cutting away of any load bearing or required 
fire rated wall, floor, or roof construction, or any 
portion thereof. 

2. The removal, cutting, or modification of any 
beams or structural supports; 

3. The removal, change, or closing of any required 
exit; 

4. The addition, rearrangement, relocation, removal 
or replacement of any parts of the building affect- 
ing loading or exit requirements, or light, heat, 
ventilation, or elevator requirements or accessibil- 
ity requirements or any fire suppression system; 

5. Additions to, alterations of, or rearrangement, 
relocation, replacement, repair or removal of any 
portion of a standpipe or sprinkler system, water 
distribution system, house sewer, private sewer, or 
drainage system, including leaders, or any soil, 
waste or vent pipe, or any gas distribution system; 

6. Any plumbing work other than the repair or 
replacement of plumbing fixtures, piping or fau- 
cets from the exposed stop valve to the inlet side of 
a trap; 

7. The alteration or repair of a sign for which a permit 
is required; or 

8. Any other work affecting health or the fire or struc- 
tural safety of the building or the safe use and oper- 
ation of the service equipment therein. 

§28-105.43 Public utility company or public utility cor- 
poration. A permit shall not be required for: 

1 . The installation or alteration of gas service piping or 
gas meter piping including meters, valves, regulators, 
and related equipment, when such work is to be per- 
formed and serviced and maintained by utility corpo- 
rations subject to the jurisdiction of the New York 
state public service commission; 

2. The emergency repair of gas distribution piping when 
such work is performed by licensed master plumbers 
or by utility corporations subject to the jurisdiction of 
the New York state public service commission, in 
order to alleviate hazardous conditions, provided that 
a written report describing the details of such repairs 
shall be filed with the commissioner upon completion 
of the work. 

§28-105.4.4 Ordinary plumbing work. The following 
ordinary plumbing work may be performed without a per- 



mit, provided that the licensed plumber performing such 
work: (i) provides a monthly report listing completed work 
and work in progress during the preceding month, including 
the block, lot and address of each job, a description of the 
work performed or in progress at each address, and the loca- 
tion in each building where the work was performed or is in 
progress; (ii) pays the fees for such work in accordance with 
this code; and (iii) submits to the department a certification 
that the work was performed in accordance with this code 
and all applicable laws and rules. Ordinary plumbing work 
shall include: 

1 . The removal of a domestic plumbing system not con- 
nected to a fire suppression system, or the removal of 
a portion of such system. 

2. The relocation of up to two plumbing fixtures within 
the same room to a maximum of 10 feet (3048 mm) 
distant from the original location, except in health 
care facilities. 

3 . The installation, replacement or repair of a food waste 
grinder (food waste disposal) or back flow preventer 
and the replacement or repair of a sump pump. 

4. The replacement of closet bends. 

5. In buildings in occupancy group R2 occupied by 
fewer than six families or in buildings in occupancy 
group R3, the replacement of a gas water heater or a 
gas fired boiler with a capacity of 350,000 BTU or 
less where the existing appliance gas cock is not 
moved, provided that the plumber has inspected the 
chimney and found it to be in good operational condi- 
tion. 

6. The repair or replacement of any non-gas, non-fire 
suppression piping not longer than 10 feet (3048 mm) 
inside a building, or connected piping previously 
repaired or replaced under this provision. 

7. The repair or replacement of non-fire suppression 
branch piping after the riser shutoff valve, including 
the replacement of fixtures, limited to two bathrooms 
and one kitchen per building per monthly reporting 
period. 

§28-105.4.5 Sign permits. A sign permit shall not be 
required where the sign is: 

1. Painted directly on the exterior wall surface of a 
building or on the surface of a fence; 

2. A wall sign of not more than six square feet (0.56 m 2 ) 
in area; 

3 . Erected by employees of a city agency, including traf- 
fic and other similar signs; 

4. A ground sign advertising the sale or rental of the pre- 
mises on which it is erected, provided the sign does 
not exceed 12 square feet (1.1 m 2 ) in area; 

5. Temporary and erected during construction work and 
related thereto; or 

6. Temporary for special decorative display use for holi- 
days, public demonstrations, or the promotion of 
civic, welfare or charitable purposes, except that 



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ADMINISTRATION 



signs that utilize streets or cross streets shall be sub- 
ject to the requirements of the department of transpor- 
tation. 

7. Temporary signs announcing the sale or rental of real 
property. 

§28-105.5 Application for permit All applications for per- 
mits shall be submitted on forms furnished by the department. 
Applications shall include all information required by this 
code, other applicable law or the rules of the department. The 
applicant shall list any portions of the design that have been 
approved for deferred submittal in accordance with section 
28-104.2.6. The application shall set forth an inspection pro- 
gram for the job. An application for a permit shall be submitted 
no later than 12 months after the approval of all required con- 
struction documents (other than those documents approved for 
deferred submittal). 

§28-105.6 Fees. Applications for permits shall be accompa- 
nied by the payment of appropriate fees as provided for in arti- 
cle 112. 

§28-105.7 Time limitation of applications. An application 
for a permit shall be deemed to have been abandoned 12 
months after the date of its submission, unless such application 
has been diligently prosecuted after rejection in whole or in 
part, or a permit shall have been issued except that the commis- 
sioner may, for reasonable cause, and upon payment of all rein- 
statement fees as provided for in this code, grant extensions of 
time for additional 12-month periods. 

§28-105.8 Validity of permit. The issuance or granting of a 
permit shall not be construed to be a permit for, or an approval 
of, any violation of any of the provisions of this code or of any 
other law or rule. Permits presuming to give authority to violate 
or cancel the provisions of this code or other law or rule shall 
not be valid. The issuance of a permit based on construction 
documents and other data shall not prevent the commissioner 
from requiring the correction of errors in the construction doc- 
uments and other data. The commissioner is authorized to pre- 
vent any occupancy, use or work in violation of this code, the 
zoning resolution or other law or rule enforced by the depart- 
ment. 

§28-105.8.1 Duration of permit. Permits may be issued for 
a period of up to two years unless otherwise limited by law. 

§28-105.8.2 Signature of commissioner on permit. Every 
permit issued by the commissioner shall have his or her sig- 
nature affixed thereto; but the commissioner may authorize 
any subordinate to affix such signature, including by the use 
of electronic means. 

§28-105.9 Expiration. All permits issued by the commis- 
sioner shall expire by limitation and become invalid if the per- 
mitted work or use is not commenced within 12 months from 
the date of issuance of the permit or, if commenced, is sus- 
pended or abandoned for a period of 12 months thereafter. All 
permits for work in an area of special flood hazard pursuant to 
Appendix G of the New York city building code shall expire if 
the actual start of permanent construction has not occurred 
within 180 days from the date on which such permit is issued. 
The commissioner may, however, upon good cause shown, 
reinstate a work permit at any time within a period of two years 



from the date of issuance of the original permit, provided that 
the work shall comply with all the requirements of this code 
and other applicable laws and rules in effect at the time applica- 
tion for reinstatement is made, and provided further that the 
applicant shall pay all reinstatement fees as required by article 
112. The permit shall automatically expire upon the expiration 
of required insurance or if the applicant holds a license issued 
by the department upon the expiration or revocation of such 
license during the term of the permit. 

§28-105.10 Suspension or revocation of permit. The com- 
missioner is authorized to suspend or revoke a permit issued 
under the provisions of this code. 

§28-105.10.1 Notice of proposed revocation. The com- 
missioner may, on written notice to the permit holder, 
revoke any permit for failure to comply with the provisions 
of this code or other applicable laws or rules; or whenever 
there has been any false statement or any misrepresentation 
as to a material fact in the application or submittal docu- 
ments upon the basis of which such approval was issued; or 
whenever a permit has been issued in error and conditions 
are such that the permit should not have been issued. Such 
notice shall inform the permit holder of the reasons for the 
proposed revocation and that the applicant has the right to 
present to the commissioner or his or her representative 
within 10 business days of delivery of the notice by hand or 
15 calendar days of the posting of notice by mail, informa- 
tion as to why the permit should not be revoked. 

§28-105.10.2 Immediate suspension in cases of immi- 
nent peril. The commissioner may immediately suspend 
any permit without prior notice to the permit holder when 
the commissioner has determined that an imminent peril to 
life or property exists. The commissioner shall forthwith 
notify the permit holder that the permit has been suspended 
and the reasons therefore, that it is proposed to be revoked, 
and that the permit holder has the right to present to the com- 
missioner or his or her representative within 10 business 
days of delivery of the notice by hand or 15 calendar days of 
the posting of notice by mail information as to why the per- 
mit should not be revoked. 

§28-105.11 Posting of permit. The building permit or copy 
shall be posted in a conspicuous place at the work site, visible 
to the public for the duration of the work or the use and opera- 
tion of the equipment, or until the expiration of the permit. No 
such permit shall be posted or displayed at any location other 
than the location of the premises or equipment for which the 
permit was issued. 

§28-105.12 Conditions of permit. Permits shall be subject to 
the following conditions: 

§28-105.12.1 Compliance with code. Permits shall be 
deemed to incorporate the provisions that the applicant, the 
owner, their agents, employees, and contractors shall carry 
out the permitted work in accordance with the provisions of 
this code and other applicable laws or rules, whether speci- 
fied or not, except as variations have been legally permitted 
or authorized. 

§28-105.12.2 Compliance with construction documents. 

All work shall conform to the approved construction docu- 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



merits, and any approved amendments thereto. Changes and 
revisions during the course of construction shall conform to 
the amendment requirements of this code. 

§28-105.12.3 Adherence to lot diagram. All work shall be 
strictly located in accordance with the lot diagram approved 
in accordance with this code and no lot or plot shall be 
changed, increased or diminished in area from that shown 
on the approved lot diagram, unless and until a revised dia- 
gram showing such changes, accompanied by the necessary 
statement of the owner or applicant, shall have been submit- 
ted to and approved by the commissioner. 

§28-105,12.4 Compliance with safety requirements. All 
work shall be conducted in accordance with and subject to 
the safety requirements of this code and other applicable 
laws or rules, including any order or requirement of the 
commissioner that the building or structure under construc- 
tion or alteration be vacated, in whole or in part, during the 
progress of the work and until the issuance of a certificate of 
occupancy. Adjoining lots and properties shall be protected 
in accordance with this code. 

§28-105.12.5 Compliance with noise control code 

required. All work shall be performed in compliance with 
the provisions of the New York city noise control code as set 
forth in chapter 2 of title 24 of the administrative code. Fail- 
ure to comply with sections 24-222 and 24-223 of the 
administrative code shall be a violation of this code. 

§28-105.12.6 Deferred submittals. Where permits are 
issued subject to deferred submittal of portions of the design 
as provided for in section 28-104.2.6, the deferred submittal 
items shall not be installed until the construction and 
submittal documents for such portions have been approved 
by the department and, where applicable, new or amended 
permits have been issued. 

§28-105.12.7 Insurance. Where workers compensation, 
employee disability or liability insurance is required by law 
or department rule, the applicant for the work permit shall 
obtain and include proof of such insurance with the work 
permit application. The permit shall expire by operation of 
law if the insurance upon which the permit was conditioned 
lapses, expires or is cancelled, unless the permit holder files 
proof of alternate insurance before such event. 

§28-105.12.7,1 Insurance coverage for adjacent 
properties. A person who obtains a permit for construc- 
tion or demolition operations shall, at such person's own 
expense, procure and maintain for the duration of the 
operations, insurance of a kind and in an amount speci- 
fied by rule of the department, to insure any and all adja- 
cent property owners and their lawful occupants fully for 
all risks of loss, damage to property or injury to or death 
of persons, arising out of or in connection with the per- 
formance of the proposed work. Such person shall sub- 
mit proof of insurance to the department when applying 
for a permit for construction or demolition work. 

§28-105.12.8 Site safety plan. Where required by this code 
or by the department, applications shall include a site safety 
plan approved in accordance with the New York city build- 
ing code. All work shall adhere to the site safety plan. 



ARTICLE 106 
ASBESTOS INVESTIGATION 

§28-106.1 Asbestos investigation. In addition to the require- 
ments otherwise prescribed, all applications for construction 
document approval for work on buildings constructed on or 
before April 1, 1987 shall include asbestos certifications, 
reports or removal plans as may be required by this article. 

Exception: Types of activities exempted pursuant to rules 
of the commissioner of environmental protection. 

§28-106.2 Demolition and alteration of buildings con- 
structed on or before April 1, 1987. The commissioner shall 
not approve or accept an application for construction document 
approval for the demolition or alteration of a building con- 
structed on or before April 1, 1987, unless the applicant sub- 
mits (i) a certification from an asbestos investigator that the 
work to be performed will not constitute an asbestos project, 
(ii) an asbestos inspection report completed in accordance with 
the provisions of section 24-146.1 of the administrative code, 
or (iii) proof that an asbestos removal plan has been approved 
by the commissioner of the New York city department of envi- 
ronmental protection in accordance with section 24-146.1 of 
the administrative code. 

§28-106.3 Asbestos project. The commissioner shall not 
approve construction documents for work that constitutes an 
asbestos project and for which an asbestos inspection report is 
required unless the applicant at the time of application and 
prior to approval of the construction documents certifies on 
forms prescribed by the commissioner of environmental pro- 
tection that the applicant is familiar with federal, state and local 
laws and regulations applicable to asbestos related work. 

§28-106.4 Definitions. For the purposes of this article, the 
terms "asbestos;' ''asbestos inspection report," "asbestos 
investigator," "asbestos project" and "asbestos removal plan" 
shall have the meanings as are ascribed in section 24-146.1 of 
the administrative code. 



ARTICLE 107 
ALTERATION OR DEMOLITION OF SINGLE ROOM 

OCCUPANCY MULTIPLE DWELLINGS 
§28-107.1 General. The commissioner shall not approve con- 
struction documents for the alteration or demolition of a single 
room occupancy multiple dwelling except as set forth in this 
article. 

§28-107.2 Definitions. The following words and terms shall, 
for the purposes of this article and elsewhere in the code, have 
the meanings shown herein. 

CLASS A MULTIPLE DWELLING, CLASS B MULTI- 
PLE DWELLING, FURNISHED ROOM HOUSE, 
ROOMING UNIT AND SINGLE ROOM OCCUPANCY. 
Shall have the meanings set forth in section 27-2004 of the New 
York city housing maintenance code. 

SINGLE ROOM OCCUPANCY MULTIPLE DWELL- 
ING. A single room occupancy multiple dwelling means: 

1. A "class A multiple dwelling" used in whole or part as a 
"rooming house" or "furnished room house," or for "sin- 



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gle room occupancy" pursuant to section 248 of the New 
York state multiple dwelling law; 

2. A "class A multiple dwelling" containing "rooming 
units"; or 

3. A "class B multiple dwelling." 

Exception: The term single room occupancy multi- 
ple dwelling shall not include: 

1. College or school dormitories; 

2. Clubhouses; 

3. Luxury hotels, as such term is defined by the 
commissioner of housing preservation and 
development; or 

4. Residences whose occupancy is restricted to an 
institutional use such as housing intended for 
use by the employees of a single company or 
institution; 

5. City-owned multiple dwellings; or 

6. Any multiple dwelling containing fewer than 
nine "class B" dwelling units; used for single 
room occupancy unless the total number of 
such units is more than fifty percent of the total 
number of dwelling units in such multiple 
dwelling; or 

7. Any multiple dwelling that: 

7.1. Is the subject of a program approved by 
the commissioner of housing preserva- 
tion and development and related to the 
rehabilitation of a single room occu- 
pancy multiple dwelling or the provi- 
sion of housing for persons of low or 
moderate income, other than a program 
consisting solely of real property tax 
abatement or tax exemption; and 

7.2. Has been exempted from the provisions 
of this article by the commissioner of 
housing preservation and development. 

§28-1073 Covered categories of work. Applications for the 
approval of construction documents for the following catego- 
ries of work are covered by this article: 

1. Demolition of a single room occupancy multiple dwell- 
ing; 

2. Alteration of a single room occupancy multiple dwelling 
to a class A multiple dwelling to be used in whole or in 
part for other than single room occupancy purposes; 

3 . Alteration of a single room occupancy multiple dwelling 
resulting in the removal or addition of kitchen or bath- 
room facilities; and 

4. Such other types of alteration work to a single room 
occupancy multiple dwelling as shall be prescribed by 



rule of the commissioner of housing preservation and 
development, in consultation with the commissioner. 

Exceptions: 

1. Work solely for the purpose of either (i) making the 
public areas of a multiple dwelling accessible to per- 
sons with disabilities without altering the configura- 
tion of any dwelling unit or rooming unit or (ii) 
making a dwelling unit or a rooming unit accessible to 
persons with disabilities shall not be covered by this 
article. 

2. Repairs, demolition or any other work performed by a 
city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article. 

§28-107.4 Required submittal documents. The commis- 
sioner shall not approve any construction documents for a sin- 
gle room occupancy multiple dwelling for the covered 
categories of work unless the applicant provides: 

1. A sworn affidavit by or on behalf of all the owners, as 
such term is defined in section 27-2004 of the New York 
city housing maintenance code, of such multiple dwell- 
ing that there will be no harassment of the lawful occu- 
pants of such multiple dwelling by or on behalf of such 
owners during the construction period; 

2. A tenant protection plan as provided for in this code; and 

3. One of the following documents from the commissioner 
of housing preservation and development: 

3.1. A certification that there has been no harassment 
of the lawful occupants of such multiple dwelling 
within the 36 month period prior to submission of 
an application for such certification to the depart- 
ment of housing preservation and development, 
provided, however, that such certification shall 
except any portion of such 36 month period dur- 
ing which title was vested in the city; or 

3.2. A waiver of such certification. 

§28-107.5 Filing process. After submitting an application for 
construction document approval to the commissioner and 
obtaining the identifying job number for the same, the appli- 
cant shall forward a copy of such application to the commis- 
sioner of housing preservation and development, together with 
an application for a certification of no harassment pursuant to 
section 27-2093 of the housing maintenance code. 

§28-107.6 Time period for acceptance or rejection. The time 
period in which the commissioner is required to approve or 
reject an application for construction document approval or 
resubmission thereof pursuant to this code shall commence 
from the date that the commissioner receives either the certifi- 
cation or waiver pursuant to this article. 

§28-107.7 Denial of certification. Where the commissioner of 
housing preservation and development denies the certification 
required by this article, the commissioner shall reject the appli- 
cation for construction document approval. 



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ADMINISTRATION 



§28-107.8 Request for stop-work or rescission. The commis- 
sioner shall be empowered to issue a stop- work notice or order 
with respect to an alteration or demolition permit and/or to 
rescind approval of construction documents at the request of 
the commissioner of housing preservation and development 
pursuant to section 27-2093 of the New York city housing 
maintenance code. 

§28-107.9 Effect of denial or rescission. Where the commis- 
sioner rejects or rescinds the approval of construction docu- 
ments pursuant to this article, no further application for the 
covered categories of work shall be considered by the commis- 
sioner for a period of 36 months following the date of the denial 
of the certification of no harassment by the commissioner of 
housing preservation and development or the date of the rescis- 
sion of such certification of no harassment by such commis- 
sioner. 



ARTICLE 108 
PAVEMENT PLAN 

§28-108.1 General. The commissioner shall not issue a permit 
for the erection of a new building or for alterations that will 
require the issuance of a new or amended certificate of occu- 
pancy without a statement that no certificate of occupancy shall 
be issued unless the sidewalk in front of or abutting such build- 
ing, including but not limited to the intersection quadrants for 
corner properties, shall have been paved or repaired by the 
owner, at his or her own cost, in the manner, of the materials, 
and in accordance with the standard specifications prescribed 
by the New York city department of transportation pursuant to 
sections 19-113 and 19-115 of the administrative code. 



Exceptions: 

1 . Application for the erection of an accessory building 
appurtenant to an existing one- or two-family dwell- 
ing. 

2. Where the commissioner determines that a sidewalk 
is not required, provided that such determination shall 
not affect the obligations of the owner under subdivi- 
sion a of section 19-152 of the administrative code, 
nor relieve the owner of any such obligations, nor 
impair or diminish the rights of the city or its agencies 
to enforce such obligations. 

3 . Where the extent of the change in use or occupancy or 
the cost of the alteration does not exceed a threshold 
established pursuant to rule of the commissioner. 

§28-108.2 Pavement plan required. Construction documents 
shall include a pavement plan processed and approved under 
guidelines established by the department. The pavement plan 
shall include documentation sufficient to show compliance 
with the standards and specifications of the New York city 
department of transportation pursuant to sections 19-113 and 
19-115 of the administrative code. 

Exception: No pavement plan shall be required with 
respect to an alteration application for a building where the 
applicant certifies that there is a sidewalk in existence in 
front of or abutting such building, including but not limited 
to the intersection quadrants for corner properties, comply- 



ing with the specifications of the New York city department 
of transportation, and that the nature of such alteration work 
will neither remove such existing sidewalk nor cause dam- 
age to such existing sidewalk such that the damage could not 
be corrected as minor repairs prior to issuance of the certifi- 
cate of occupancy. 

§28-108.3 Improvement of streets. The commissioner shall 
insure that streets are suitably improved in accordance with the 
standards and specifications of the department of transporta- 
tion as required by subdivision two of section thirty-six of the 
general city law and shall otherwise carry out the provisions of 
such subdivision. 



ARTICLE 109 
FIRE PROTECTION PLAN 

§28-109.1 Fire protection plan required for covered build- 
ings. New building and alteration applications for covered 
buildings as set forth in section 28-109.2 shall include a fire 
protection plan prepared by or under the supervision of a regis- 
tered design professional who shall professionally certify such 
plan. Such plan shall be approved by the department and the 
fire department prior to issuance of a certificate of occupancy, a 
temporary certificate of occupancy or a letter of completion, as 
applicable. 

Exception: No fire protection plan shall be required for an 
alteration that meets all three of the following requirements: 

1. The alteration does not involve a change of use or 
occupancy; 

2. The alteration does not exceed one million dollars; 
and 

3. The alteration does not create an inconsistency with a 
previously approved fire protection plan. 

§28-109.2 Covered buildings. Covered buildings include: 

1. High-rise buildings as described in section 403 of the 
New York city building code. 

2. Occupancy groups B, E, F, H, M, or S occupying two or 
more stories with over 20,000 gross square feet (1858 
m 2 ) of floor area per floor, or occupying two or more sto- 
ries in a building with a total floor area exceeding 50,000 
gross square feet (4645 m 2 ). 

3. Any building containing an assembly occupancy having 
an occupant load of 300 or more persons. 

4. Occupancy group I or R- 1 occupying two or more stories 
and containing sleeping accommodations for 30 or more 
persons. 

5. Occupancy group R-2 occupancies containing 30 or 
more dwelling units in a building where over 10,000 
gross square feet (929 m 2 ) of floor area is occupied by 
occupancy group A, E, M, or I. 

§28-109.3 Scope. The plan shall include the following infor- 
mation, where applicable: 

1. A description of the building including: address; block 
and lot numbers; number of stories; height in feet; occu- 



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pancy group; construction classification; occupancy 
load and department of buildings job number; 

2. All floors, exits, doors, corridors, and partitions serving 
as fire barriers, fire partitions, fire walls; locations and 
ratings of required enclosures and fire areas; stairs with 
pressurization; roof access; exit discharges; and loca- 
tions of any required frontage space; and 

3. In narrative form, a description of safety systems and 
features, including: 

3.1. Communications systems. 

3.2. Alarm systems. 

3.3. Smoke and carbon monoxide detection equip- 
ment. 

3.4. Location of fire command station. 

3.5. Elevator recall. 

3.6. Emergency lighting and power. 

3.7. Standpipes. 

3.8. Sprinklers. 

3.9. Emergency power systems. 

3.10. Mechanical ventilation and air conditioning. 

3.11. Smoke control systems and equipment. 

3.12. Furnishings types and materials. 

3.13. Places of assembly. 

3.14. Fire department access. 

3.15. Photoluminescent pathway markings. 

3.16. Other safety related systems, required and vol- 
untary, to be installed. 



ARTICLE 110 
SITE SAFETY PLAN 

§28-110.1 Site safety plan. Where a site safety plan is required 
by chapter 33 of the New York city building code, such plan 
shall include the following: 

1 . Location of all construction fences around work site; 

2. Location of all gates in construction fences; 

3. Location of standard guardrails around excavations, 
when required; 

4. Horizontal and vertical netting program, including 
details of the initial installation, schedule of horizontal 
jumps and vertical installations, and designated crane 
and derrick lifting areas where horizontal netting is 
omitted. The program shall include as an attachment 
any department approval obtained regarding required 
safety netting during construction or demolition opera- 
tions; the revised site safety plan shall be approved; 

5. Location of all sidewalk sheds, including appropriate 
department application numbers and department of 
transportation permit numbers and expiration dates; 



6. Location of all temporary walkways, including appro- 
priate department application numbers and department 
of transportation permit numbers and expiration dates; 

7. Location of foot bridges and motor vehicle ramps, 
including appropriate department application numbers 
and department of transportation permit numbers and 
expiration dates; 

8. Protection of side of excavation, when required, 
including appropriate department application numbers 
and department of transportation permit numbers and 
expiration dates; 

9. Location of all street and sidewalk closing(s), includ- 
ing appropriate department application numbers and 
department of transportation permit numbers and expi- 
ration dates; 

10. Approximate location of material and personnel 
hoist(s) and loading areas, including appropriate 
department application numbers and department of 
transportation permit numbers and expiration dates; 

1 1 . Approximate location of all crane and derrick loading 
areas; 

12. Location of all surrounding buildings, indicating occu- 
pancy, height and type of any required roof protection; 

1 3 . Location of all standpipe system and Siamese hose con- 
nections; 

14. Location of all temporary elevators for fire department 
use when building is above 75 feet (22 860 mm) in 
height; 

15. Location of all exterior contractors' sheds; 

16. All required safety netting and scaffolding; 

17. Widths of all sidewalks and roadways; all traffic infor- 
mation; all exits from job site; 

18. A copy of the proposed site safety manager or site 
safety coordinator's certificate, as applicable, includ- 
ing the certificate for any alternate site safety manager 
or site safety coordinator; and 

19. Such features requiring special sequencing in order to 
maintain safe conditions with a written description of 
those sequences. 

§28-110.2 Phased site safety plans. Multiple layouts of the 
site safety features enumerated in section 28-1 10. 1 may be sub- 
mitted at any time during construction operations to show 
phased site safety designs consistent with the phase of antici- 
pated work. 



ARTICLE 111 
TEMPORARY STRUCTURES AND USES 

§28-111.1 General. The commissioner is authorized to issue a 
permit for temporary structures and temporary uses. Such per- 
mits shall be limited as to time of service or use, but shall not be 



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ADMINISTRATION 



permitted for more than 30 days. The commissioner may grant 
extensions for demonstrated cause. 

Exception: No permit shall be required for: 

1. The erection and use of temporary tents of less than 
400 gross square feet (37 m 2 ) for not more than 30 
days. 

2. The erection and use of temporary platforms, review- 
ing stands, outdoor bandstands and similar miscella- 
neous structures that cover an area less than 120 
square feet (11.16 m 2 ), including connecting areas or 
spaces with a common means of egress or entrance, 
for not more than 30 days. 

§28-111.2 Conformance. Temporary structures and uses shall 
conform to the structural strength, fire safety, means of egress, 
accessibility, light, ventilation and sanitary requirements of 
this code as necessary to ensure the public health, safety and 
general welfare. 

§28-1113 Termination of approval. The commissioner is 
authorized to terminate such permit for a temporary structure 
or use and to order the temporary structure or use to be discon- 
tinued. 

§28-111.4 Application processing. Application for such 
structures and uses shall be submitted to the department no 
later than 1 5 business days prior to the construction of the tem- 
porary structure or the commencement of the temporary use. 

§28-111.5 Fees. Applications for such permits shall be accom- 
panied by the applicable fees in accordance with article 112. 
Fees for subsequent requests for renewals shall be paid upon 
approval of such requests. 



ARTICLE 112 
FEES 

§28-112.1 Payment of fees. A permit, inspection, or other ser- 
vice or privilege as regulated in this code shall not be valid until 
the fees prescribed herein or in rules have been paid, nor shall a 
renewal of a permit or other service or privilege or an amend- 
ment to a permit be released until the fee has been paid. In addi- 
tion, an approval required to be reissued due to a change in 
product name, company name and/or address, contact informa- 
tion or principals, shall not be reissued until a reissuance fee, if 
any, has been paid. The department shall adopt such rules and 
shall prescribe such forms as may be necessary to carry out the 
provisions of this article. 

Exceptions: 

1 . A permit, inspection or other service or privilege as 
regulated in this code shall not be subject to this provi- 
sion if the owner of the building or property affected 
is a corporation or association organized and operated 
exclusively for religious, charitable or educational 
purposes, or for one or more such purposes, no part of 
the earnings of which inures to the benefit of any pri- 
vate shareholder or individual, and provided that the 
property affected is to be used exclusively by such 
corporation or association for one or more of such 
purposes. 



2. A permit, inspection or other service or privilege as 
regulated in this code shall not be subject to this provi- 
sion if the work proposed is emergency work per- 
formed by a city agency or by a contractor pursuant to 
a contract with a city agency. 

§28-112,2 Schedule of permit fees. Permits for new buildings, 
structures, mechanical, and plumbing systems or alterations 
requiring a permit shall be accompanied by a fee for each per- 
mit in accordance with the fee schedule of Table 28-112.2. 
Fifty percent of the total fee for the work permit, but not less 
than one hundred dollars, or the total fee for the work permit 
where such fee is less than one hundred dollars, shall be paid 
and shall accompany the first application for the approval of 
construction documents; and the whole or remainder of the 
total fee shall be paid before the work permit may be issued. 
The commissioner may require reasonable substantiation of 
any statement or other form that may be required by the depart- 
ment. 

§28-1123 Building permit valuations. Where applicable, the 
applicant for a permit shall provide an estimated job construc- 
tion cost at time of application. Cost estimates shall include 
total value of work, including materials and labor, for which the 
permit is being issued, such as installation or alteration of 
building, gas, mechanical, plumbing equipment and perma- 
nent systems. If, in the opinion of the department, the valuation 
is underestimated on the application, the permit shall be 
denied, unless the applicant can show detailed estimates to 
meet the approval of the department. Final building permit val- 
uation shall be set by the department. 

§28-112.4 Work commencing before permit issuance. Any 
person who commences any work before obtaining the neces- 
sary permits shall be subject to a penalty as specified in this 
code that shall be in addition to the required permit fees. 

§28-112.5 Related fees. The payment of the fee for the con- 
struction, alteration, removal or demolition for work done in 
connection or concurrently with the work authorized by a 
building permit shall not relieve the applicant or holder of the 
permit from the payment of other fees that are prescribed by 
law. 

§28-112.6 Refunds and rebates. Upon application to the 
comptroller of the city of New York, and upon verification of 
claim by the commissioner, refunds or rebates of partial or full 
fees shall be provided as set forth in sections 28-112.6.1 
through 28-112.6.3. 

§28-112.6.1 Withdrawal of work permit applications. In 
the event that an owner withdraws an application, the owner 
may obtain a refund of all or a portion of the fee paid as fol- 
lows: 

1. If an application for construction document approval 
is withdrawn prior to the commencement of examina- 
tion of the application all but forty dollars of the 
deposit fee paid shall be refunded. 

2. If an application for construction document approval 
is withdrawn during the progress of examination of 
the application, the comptroller shall retain a percent- 
age of the deposit fee paid, which the department shall 
certify is the equivalent percentage of the examina- 



A~20 



NEW YORK CiTY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



tion completed, but not less than one hundred dollars. 
The remainder of the deposit fee shall be refunded to 
the owner. 

3. If an application for construction document approval 
is withdrawn after examination of construction docu- 
ments and/or construction document approval and 
before issuance of permit, there shall be refunded by 
the comptroller 50 percent of the total computed fee 
for the permit, except that not less than one hundred 
dollars shall be retained by the comptroller. 

§28-112.6.2 Withdrawal of cranes and derricks applica- 
tions. If the applicant withdraws his or her application for a 
certificate of approval for a power-operated crane, derrick 
or cableway, such applicant may obtain a refund of a portion 
of the fees as follows: 

1. If the application is withdrawn prior to the com- 
mencement of examination by the department, the 
entire fee shall be refunded except one hundred dol- 
lars. 

2. If the application is withdrawn after the examination 
has commenced, the comptroller shall retain a per- 
centage of the fee paid, which the department shall 
certify is the equivalent percentage of the examina- 
tion performed, but not less than one hundred dollars. 
The remainder of the fee shall be refunded to the 
applicant. 

3. If the application is withdrawn after the department 
has performed its examination, whether or not the 
application has been approved no part of the fee shall 
be returned to the applicant. 

§28-112.63 Incentive rebates. With respect to the rebates 
under this section 28- 1 12.6, the commissioner may, at his or 
her discretion, issue a rebate of application fees as follows 
and as established by rule. 

§28-112.6.3.1 Renewable energy rebates. Owners who 
demonstrate the production on a zoning lot of five per- 
cent or more of the annual energy consumption on the 
zoning lot through renewable energy sources may 
receive a fee rebate as established by rule. 

§28-112.6.3.2 Rebate for energy use reduction. Own- 
ers who demonstrate a reduction in energy use from that 
allowed at the time of permit by the New York state 
energy conservation construction code as a result of the 
permitted work may receive a fee rebate as established 
by rule. 

§28-112.6.3.3 Rebate for water conservation systems. 
Owners who demonstrate conservation of water taken 
from the city supply by providing evidence of achieving 
the water-recycling discount authorized by the New York 
city water board may receive a fee rebate as established 
by rule. 

§28-112.6.3.4 Rebate for redevelopment, remediation 
and reuse of contaminated properties known as 
brownfields. Owners who demonstrate that their site 



was contaminated and has been certified as remediated 
by the United States environmental protection agency or 
the New York state department of environmental conser- 
vation, or has received a notice of satisfaction from the 
New York city department of environmental protection, 
may receive a fee rebate as established by rule. 

§28-112.6.3.5 Rebate for recycling construction and 
demolition waste. Owners who demonstrate the recy- 
cling of construction and demolition waste may receive a 
fee rebate as established by rule. 

§28-112.6.3.6 Rebate for bicycle storage facilities. 
Except for R-3 occupancy, owners who demonstrate that 
they have provided secured indoor bicycling facilities 
accessible to all building occupants may be rebated their 
fees as set out in rule. Such facilities shall be identified on 
approved plans and shall be noted on the certificate of 
occupancy with a statement that the bicycling accommo- 
dations dedicated to such facilities were provided in 
accordance with this section. 

§28-112.6.3.7 Rebate for LEED or other environmen- 
tal design certification. Owners who demonstrate cer- 
tification of their project, which was signed off following 
the effective date of this code, by the United States Green 
Building Council based upon the Council's Leadership 
in Energy and Environmental Design (LEED) rating sys- 
tem or as otherwise provided by rule, may be rebated 
their fees as set out in rule. 

§28-112.6.3.8 Other rebates. The commissioner is 
authorized to promulgate rules to rebate fees following 
sign-off based upon the installation of energy-conserv- 
ing systems. 

§28-112.7 Inspection fees. Aside from the inspection fees 
covered under permit fees above, the following inspection fees 
shall be paid according to requirements of this code and as pro- 
mulgated in rules. 

§28-112.7.1 Fees for the testing, approval, inspection 

and use of power-operated cranes, derricks and 

cableways. The owner of any crane or derrick shall renew 

the certificate of operation each year. See Table 

28-112.7.1.* 

§28-112.7.2 Periodic inspection fees. See Table 

28-112.7.24 

§28-112.7.3 Other inspection fees. See Table 28-1 12,7.34 

§28-112.8 Special fees. The department shall be entitled to 
charge the following special fees: 

§28-112.9 Lien on premises for unpaid fee or other charge. 

Any unpaid fee or charge for an inspection, reinspection, 
examination or service performed by the department or other 
unpaid amount owed to the department, and all permits issued 
by the department, pursuant to law shall constitute a lien upon 
the land and buildings upon or in respect to which such inspec- 
tion, reinspection, examination or service was performed or 
permit issued, as hereinafter provided. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-21 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



§28-112.9.1 Filing of fees. The department shall maintain a 
record of all unpaid fees and other charges. Such records 
shall be kept on a building by building basis and shall be 
accessible to the public during business hours. An entry of 
an unpaid amount on the records of the department shall 
constitute notice to all parties. 

§28-112.9.2 Lien. All such unpaid amounts shall constitute 
a lien upon the land and building upon, or in respect to 
which, such inspection, reinspection, examination or ser- 
vice was performed or permit issued when the amount 
thereof shall have been definitely computed as a statement 
of account by the department and the department shall file 
such statement with the department of finance for entry in 
the records of such department against the premises. Such 
lien shall have a priority over all other liens and encum- 
brances except for the lien of taxes and assessments. How- 
ever, no lien created pursuant to this section 28-1 12.9 shall 
be enforced against a subsequent purchaser in good faith or 
mortgagee in good faith unless the requirements of section 
28-112.9.1 are satisfied. 

§28-112.9.3 Notice. A notice, stating the amount due and 
the nature of the charge, shall be mailed by the department 
of finance, to the last known address of the person whose 
name appears on the records in the office of the department 
of finance as being the owner or agent or as the person desig- 
nated by the owner to receive tax bills or, where no name 
appears, to the premises, addressed to either the owner or 
the agent. 

§28-112.9.4 Interest. If such charge is not paid within 30 
days from the date of entry, it shall be the duty of the depart- 
ment of finance to receive interest thereon at the rate of 15 
percent per annum, to be calculated to the date of payment 
from the date of entry. 

§28-112.9.5 Tax lien. Such charge and the interest thereon 
shall continue to be, until paid, a lien on the premises. Such 
lien shall be deemed a tax lien within the meaning of sec- 
tions 11-319 and 1 1-401 of the administrative code and may 
be sold, enforced or foreclosed in the manner provided in 
chapter three or four of title eleven of such code or may be 
satisfied in accordance with the provisions of section thir- 
teen hundred fifty-four of the real property actions and pro- 
ceedings law. 

§28-112.9.6 Reference. The notice mailed by the depart- 
ment of finance pursuant to this section 28- 1 1 2.9 shall have 
stamped or printed thereon a reference to this section 
28-112.9. 

§28-112.9.7 Validity not subject to challenge in enforce- 
ment proceeding. In any proceedings to enforce or dis- 
charge a lien created pursuant to this section 28-112.9 the 
validity of the lien shall not be subject to challenge based on: 

1 . The lawfulness of the inspection, reinspection, exam- 
ination, service or permit; or 

2. The propriety and accuracy of the fee for which a lien 
is claimed, except as provided in this section 
28-112.9. 

§28-112.9.8 Standing to challenge. No such challenge 
may be made except by (i) the owner of the property, or (ii) a 



mortgagee or lienor whose mortgage or lien would, but for 
the provisions of this section 28-112.9, have priority over 
the department's lien. 



ARTICLE 113 
MATERIALS 

§28-113.1 General. Materials shall be used, tested and 
approved for use in accordance with the specific provisions of 
this code and department rules, except that the commissioner 
shall have the power to limit or prohibit the use of any material 
to protect public safety. Materials shall be identified or 
described on construction documents and other submittal doc- 
uments. 

§28-113.2 Use of materials. Except as set forth in sections 
28-113.2.1 through 113.2.6 materials specifically prescribed 
by this code or department rules may be used as prescribed 
without the prior approval of the commissioner. 

§28-113.2.1 Approved material. Whenever this code or 
the rules of the department requires the use of an approved 
material, such material shall not be used without the prior 
approval of the commissioner for such use and may be used 
only to the extent set forth in such approval. 

§28-113.2.2 Alternative materials. Except as otherwise 
specifically limited by this code, the provisions of this code 
are not intended to prevent the installation of any material or 
to prohibit any alternative engineered design or method of 
construction not specifically prescribed by this code, pro- 
vided that the use of such alternative material has been pre- 
viously approved by the commissioner and may be used 
only to the extent set forth in such approval. The use of an 
alternative material, design, method of construction or 
equipment shall be approved where the commissioner finds 
that the proposed design is satisfactory and complies with 
the intent of the provisions of this code, and that the mate- 
rial, method or work offered is, for the purpose intended, at 
least the equivalent of that prescribed in this code in quality, 
strength, effectiveness, fire resistance, durability and safety. 

§28-113.2.3 Listed or labeled. Whenever this code or the 
rules of the department requires that material used be listed 
or labeled to a standard, material that is so listed or labeled 
may be used in accordance with such list or label without the 
prior approval of the commissioner. However, the commis- 
sioner reserves the right to require that information be sub- 
mitted with regard to the testing and evaluation of any 
material so listed or labeled including but not limited to 
inspection certificates, test or evaluation reports, analysis, 
computations or other information used to determine that 
the material so listed or labeled complies with the applicable 
standard. 

§28-113.2.4 Material not listed or labeled. Whenever this 
code or the rules of the department requires that material be 
listed or labeled to a standard and material proposed to be 
used is not so listed or labeled, the use of such material shall 
be subject to prior approval by the commissioner and such 
material shall be used only to the extent set forth in such 
approval. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-29 



ADMINISTRATION 



§28-113.2.5 Reuse. The use of used material that meets the 
requirements of this code for new material is permitted 
unless otherwise provided in this code. Used equipment and 
devices shall not be reused without the prior approval of the 
commissioner and may be used only to the extent set forth in 
such approval. 

§28-113.2.6 Previously issued approvals. Materials that 
were previously approved by the board of standards and 
appeals or by the department before the effective date of this 
code may continue to be used, but only to the extent set forth 
in such approval, and only if such approval is not specifi- 
cally amended or repealed by the commissioner. 

§28-113.3 Approval procedure. Approval of materials shall 
be in accordance with the rules of the department. The cost off- 
sets, reports and investigations required under these provisions 
shall be paid by the applicant. 

§28-113.3.1 Performance. Specific information consisting 
of test reports conducted by an approved testing agency in 
accordance with standards referenced in the construction 
codes or other such information as necessary, shall be pro- 
vided for the commissioner to determine whether the mate- 
rial will perform for the use intended. 

§28-113.3.2 Research and investigation. Sufficient tech- 
nical data shall be submitted to the commissioner to sub- 
stantiate the proposed use of any material. If it is determined 
that the evidence submitted is satisfactory proof of perfor- 
mance for the use intended, the commissioner shall approve 
the use of the material subject to the requirements of this 
code. 

§28-113.3.3 Retesting of materials. All materials tested 
and accepted for use shall be subject to periodic retesting as 
determined by the commissioner; and any material that 
upon retesting is found not to comply with the code require- 
ments or the requirements set forth in the approval of such 
material shall cease to be acceptable for the use intended. 
During the period for such retesting, the commissioner may 
require the use of such material to be restricted or discontin- 
ued if necessary to secure safety. 

§28-113.3.4 New materials. New materials not provided 
for in this code, and any material of questioned suitability 
proposed for use in the construction of a building or struc- 
ture, shall be subjected to the tests prescribed in this code or 
in the rules of the department to determine character, quality 
and limitations of use. 

§28-113.3.5 Research reports. Supporting data, where 
necessary to assist in the approval of materials not specifi- 
cally provided for in this code, shall consist of valid research 
reports from approved sources. 

§28-113.3.6 Conflicting test results. Whenever there is 
evidence of conflicting results in the test of any material, the 
commissioner shall determine the acceptability of the mate- 
rial and/or the acceptable rating for such material. 

§28-113.3.7 Amendment and repeal. The commissioner 
shall have the power to amend or repeal the approval of any 
material, including materials previously approved by the 
board of standards and appeals. 



§28-113.3.8 Maintenance of records of approved mate- 
rial. For any material that has been approved, a record of 
such approval, including the conditions and limitations of 
the approval, shall be kept on file in the department and shall 
be open to public inspection at appropriate times. 

§28-113.3.9 List of approved testing agencies and 
approved materials. A current list of all approved testing 
agencies and a current list of all materials specifically 
approved by the commissioner or previously approved by 
the board of standards and appeals shall be maintained by 
the department and published in written form. 

§28-113.4 Labeling. Materials required to be labeled shall be 
labeled in accordance with the procedures set forth in this code 
or the recognized referenced standards. 

§28-113.4.1 Testing. An approved agency shall test a repre- 
sentative sample of the material being labeled to the relevant 
standard or standards. The approved agency shall maintain a 
record of the tests performed. The record shall provide suffi- 
cient detail to verify compliance with the test standard. 

§28-113.4.2 Inspection and identification. The approved 
agency shall at regular intervals perform an inspection, 
which shall be in-plant if necessary, of the material that is to 
be labeled. The inspection shall verify that the labeled mate- 
rial is representative of the material tested. 

§28-113.4.3 Label information. The label shall contain the 
manufacturer's or distributor's identification, model num- 
ber, serial number or definitive information describing the 
material's performance characteristics and the approved 
agency's identification. 

§28-113,4.4 Shipment and delivery certification of mate- 
rials listed, labeled or approved. In the case of the ship- 
ment or delivery of material listed or labeled to a standard, 
such material shall be appropriately labeled or accompanied 
by the inspection certificate of an approved agency that the 
material is the same as that which was tested and evaluated 
by such agency. In the case of the shipment or delivery of 
material previously approved by the commissioner, the 
material shall be identified by a tag or certificate indicating 
that the material is the same that was approved for its 
intended use by the commissioner or, if applicable, previ- 
ously approved by the board of standards and appeals, and 
containing the applicable approval number or calendar 
number under which the material received such approval. 



ARTICLE 114 
APPROVED AGENCIES 

§28-114.1 General. Approved agencies shall satisfy the provi- 
sions of this article and the rules of the department as to qualifi- 
cations and operations. The commissioner may revoke or 
suspend the commissioner's approval of or otherwise sanction 
an approved agency for cause. 

§28-114.1.1 Independent. An approved agency shall per- 
form its authorized duties objectively and competently. The 
agency shall disclose possible conflicts of interest so that 
objectivity can be confirmed. 



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§28-114.1.2 Testing equipment An approved agency shall 
have adequate testing equipment to perform required tests. 
The equipment shall be periodically calibrated. 

§28-114.1.3 Personnel. An approved agency shall employ 
experienced personnel qualified to conduct, supervise and 
evaluate the tests or inspections that it undertakes. Special 
inspections may be performed only by employees of such 
agency who are special inspectors qualified pursuant to 
department rules to perform or witness the particular test or 
inspection. The commissioner may require proof of the 
qualifications of employees. 

§28-114.1.4 Background. The commissioner may require 
an approved agency to submit to an investigation of its back- 
ground and of the background of its principals as a condition 
of approval. 

§28-114.1.5 Insurance. An approved agency shall main- 
tain liability insurance as required by department rules. 

§28-114.2 Written evaluation by approved agency. An 

agency's evaluation of material or report of an inspection shall 
be in writing after satisfactory completion of the required 
inspection or test. 

§28-114.3 Records. The approved agency shall maintain 
records of inspection and test reports for at least six years or for 
such period as the commissioner shall determine and shall 
make such records available to the department upon request. 

§28-114.4 Re-authorization of approved agencies. An 
approved agency shall have its approval re-authorized in accor- 
dance with rules of the department. 



ARTICLE 115 
SPECIAL INSPECTORS 

§28-115.1 General. Special inspectors shall satisfy the provi- 
sions of this article and the rules of the department as to qualifi- 
cations in order to perform special inspections required by 
chapter 17 of the New York city building code or elsewhere in 
this code, 

§28-115.2 Disqualification. The commissioner may disqual- 
ify a special inspector from performing special inspections 
pursuant to this code for cause. The special inspector shall be 
given prior notice of the proposed disqualification and the 
opportunity to contest such action. A list of special inspectors 
who have been disqualified from performing special inspection 
shall be maintained and made available to the public upon 
request. 

§28-115.3 Records. A special inspector shall maintain records 
of special inspections on a building by building basis for at 1 east 
6 years or for such period as the commissioner shall determine 
and shall make such records available to the department upon 
request. 



ARTICLE 116 
INSPECTIONS AND SIGN-OFF OF COMPLETED 

WORK 

§28-116.1 General. Construction or work for which a permit is 
required shall be subject to inspection in accordance with this 



code and such construction or work shall remain accessible and 
exposed for inspection purposes until the required inspection is 
completed. A satisfactory inspection by the department or the 
acceptance by the department of a satisfactory report of an 
inspection by an approved agency or special inspector shall not 
be construed to be an approval by the department of a violation 
of the provisions of this code or of any other provision of law. It 
shall be the duty of the permit holder to cause the work to 
remain accessible and exposed for inspection purposes. The 
permit holder shall be liable for any expense entailed in the 
removal or replacement of any material required to allow 
inspection. The inspector shall supply a report of the results of 
each inspection. 

§28-116.2 Types of inspections. The inspections set forth in 
sections 28-1 16.2.1 through 28-1 16.2.4 are required or autho- 
rized by this code. 

§28-116.2.1 Preliminary inspection. Before approving 
construction documents, the commissioner is authorized to 
examine or cause to be examined structures or premises for 
which an application has been filed. 

§28416.2.2 Compliance inspections. In addition to the 
inspections specified in this code, the commissioner is 
authorized to make or require other inspections of any con- 
struction work to ascertain compliance with the provisions 
of this code and other laws that are enforced by the depart- 
ment. 

§28-116.2.3 Special inspections and other inspections 
required during the progress of work. After the issuance 
of a work permit, special inspections and other inspections 
required by this code to be made during the progress of the 
work shall be made at such times or at such stages of the 
work and in such manner as shall be provided by this code or 
as otherwise required by the commissioner. The permit 
application shall set forth an inspection program for the job. 
Such inspections may be made by approved agencies or by 
the department as provided in this code or in the rules of the 
department. Special inspections shall be performed only by 
individuals who are special inspectors. The permit holder 
shall notify the relevant special inspectors in writing at least 
72 hours prior to the commencement of any work requiring 
special inspection. The commissioner may accept inspec- 
tion and test reports from approved agencies and special 
inspectors and the work may, unless otherwise specifically 
provided by code provisions or directed by the commis- 
sioner, proceed without any verifying inspection or test by 
the department. The names and business addresses of spe- 
cial inspectors and approved agencies shall be set forth in 
the work permit application. All inspection reports shall be 
in writing and signed by the person or entity performing the 
inspection. A record of all inspections shall be kept by the 
person performing the inspection. The commissioner may 
require inspection reports to be filed with the department. 
Records of inspections made by approved agencies and spe- 
cial inspectors shall be maintained by such persons for a 
period of six years after sign-off of the job or for such other 
period of time as the commissioner may require and shall be 
made available to the department upon request. 



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ADMINISTRATION 



§28-116.23.1 Special inspection of fabricated items. 
Where fabrication of regulated products is performed on 
the premises of a fabricator's shop, special inspection of 
the fabricated items is required. The special inspector 
shall verify that the fabricator maintains detailed fabrica- 
tion and quality control procedures that provide a basis 
for inspection control of the workmanship and the fabri- 
cator's ability to conform to approved construction docu- 
ments and referenced standards. The special inspector 
shall review the procedures for completeness and ade- 
quacy relative to the code requirements for the fabrica- 
tor's scope of work. 

Exception: Special inspections shall not be required 
where the fabricator is approved by the commissioner 
in accordance with section 28-116.7. 

§28-116.2.4 Final inspection. There shall be a final inspec- 
tion of all permitted work. Final inspections shall comply 
with sections 28-116.2.4.1 through 28-116.2.4.2. 

§28-116.2.4.1 Final inspection prior to certificate of 
occupancy. In all cases where the permitted work 
requires the issuance of a new or amended certificate of 
occupancy, the final inspection shall be performed by the 
department in the presence of the permit holder, the reg- 
istered design professional of record or the superinten- 
dent of construction. Such inspection shall be performed 
after all work authorized by the building permit is com- 
pleted and before the issuance of the certificate of occu- 
pancy. All failures to comply with the provisions of this 
code or approved construction documents shall be noted 
and the owner promptly notified thereof in writing. All 
defects noted in such inspection shall be corrected. 
Reports of such final inspections shall be maintained by 
the department. The final inspection report shall confirm 
that defects noted have been corrected, that the work is in 
substantial compliance with the approved construction 
documents and with this code and with other applicable 
laws and rules and that all required inspections were per- 
formed. 

§28-116.2.4.2 Final inspection prior to Setter of com- 
pletion. In all cases where the permitted work does not 
require the issuance of a certificate of occupancy, the 
final inspection shall be performed by the department or 
at the option of the owner by an approved agency. When- 
ever the department performs a final inspection, the 
department shall charge a fee for such inspection. The 
applicant shall take all reasonable and necessary steps to 
insure that the final inspection is performed within one 
year after the expiration of the last permit. The inspection 
shall be performed after all work authorized by the build- 
ing permit is completed. The person performing the 
inspection shall note all failures to comply with the pro- 
visions of this code or approved construction documents 
and shall promptly notify the owner in writing. All 
defects noted in such inspection shall be corrected. The 
final inspection report shall confirm that defects noted 
have been corrected, that the work is in substantial com- 
pliance with the approved construction documents and 
with this code and other applicable laws and rules and 



that all required inspections were performed. Final 
inspection reports shall be filed with and maintained by 
the department. Records of final inspections made by 
approved agencies shall be maintained by such persons 
for a period of six years after sign-off or for such other 
period as the commissioner shall require and shall be 
made available to the department upon request. 

§28-116.3 Inspection requests. It shall be the duty of the per- 
mit holder to notify the department or the person designated to 
perform the inspection when work requiring inspection is 
ready to be inspected. It shall be the duty of the permit holder to 
provide access to and means for inspection of such work for 
any inspections that are required by this code. 

§28-116.4 Sign-off of completed work. Upon submission of a 
satisfactory report of final inspection and all required submittal 
documents, the department shall document the sign-off of the 
project and issue a letter of completion, or, if applicable, a cer- 
tificate of occupancy for the work. The owner shall take all rea- 
sonable and necessary steps for the issuance by the department 
of a letter of completion or certificate of occupancy within 1 
year following the expiration of the last permit. 

§28-116.4.1 Issuance of certificate of compliance. The 

following types of service equipment shall not be operated 
until the department issues a certificate of compliance after 
submission of a satisfactory report of inspection and testing 
of such equipment in accordance with this code and all 
required submittal documents: 

1. Air-conditioning and ventilation systems. 

2. Elevators, escalators, moving walkways and dumb- 
waiters. 

3. Fuel burning and fuel-oil storage equipment. 

4. Refrigeration systems. 

5. Heating systems. 

6. Boilers. 

Exception: A certificate of compliance shall not be 
required in connection with work specifically exempted 
from permit requirements in accordance with this code 
or department rules. 

§28-116.5 Payment of outstanding penalties. The depart- 
ment may refuse to issue a letter of completion or certificate of 
occupancy pending payment of all outstanding fines or civil 
penalties imposed for violations of this code, the 1968 building 
code or other laws enforced by the department at the same 
building. 

§28-116.6 List of approved inspection agencies. A current 
list of all approved inspection agencies shall be maintained by 
the department and published in written form. 

§28-116.7 Fabricator approval. Approval of fabricators by 
the department shall be based upon review of the fabricator's 
written procedural and quality control manuals and periodic 
auditing of fabrication practices by an approved agency. 

§28-116.7.1 Fabricator's certificate of compliance. For 
all fabricated items, the approved fabricator shall submit a 
certificate of compliance to the department stating that the 
work was performed in accordance with the approved con- 



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ADMINISTRATION 



stmction documents, referenced standards and applicable 
provisions of law. 



ARTICLE 117 
PLACES OF ASSEMBLY 

§28-117.1 Place of assembly certificate of operation. It shall 
be unlawful to use or occupy any building or space as a place of 
assembly without a certificate of operation issued by the com- 
missioner. An application for a certificate of operation shall be 
made to the department in such form and containing such infor- 
mation as the commissioner shall provide. The department 
shall inspect every place of assembly space prior to the issu- 
ance of a certificate of operation. The commissioner shall not 
issue a certificate of operation unless the department deter- 
mines that the space conforms substantially to the approved 
construction documents and to the provisions of this code and 
that the certificate of occupancy authorizes such use. A certifi- 
cate of operation shall not be issued to a place of assembly pro- 
viding seating or other moveable furnishings unless the 
commissioner approves a plan conforming to this code and the 
rules of the department. Seating and other moveable furnish- 
ings shall be maintained at all times during occupancy in accor- 
dance with the approved plan. Any amendment of such plan 
shall be subject to the prior approval of the commissioner. 

§28-117.1.1 Contents of certificate of operation. The cer- 
tificate of operation shall contain the place of assembly cer- 
tificate number, the number of persons who may legally 
occupy the space and any other information that the com- 
missioner may determine. Such certificate of operation 
shall be framed and mounted in a location that is conspicu- 
ously visible to a person entering the space. For the purposes 
of this article a place of assembly permit issued prior to the 
effective date of this code shall be valid until its expiration. 
Prior to the expiration of the term of such place of assembly 
permit, the party responsible for renewal shall apply to the 
department for a certificate of operation in accordance with 
this article, except that the issuance of such certificate shall 
be subject to the same inspection requirement as a renewal 
of a certificate of operation pursuant to this code. 

§28-117.2 Temporary place of assembly certificate of oper- 
ation. At the commissioner's discretion, a temporary certifi- 
cate of operation may be issued for a place of assembly space 
upon request by the applicant in accordance with this code pro- 
vided that public safety is not jeopardized thereby. The appli- 
cant shall notify the fire department when a temporary place of 
assembly certificate of operation is issued. 

§28-117.3 Duration and renewal of certificate. A place of 
assembly certificate of operation shall be issued for a term of 1 
year and may be renewed annually upon payment of proper 
fees and proof of satisfactory inspection by the fire department. 

§28-117.4 Security guards. In the case of a certificate holder:): 
that offers for sale food and/or beverages for on-premises con- 
sumption, but not including establishments operated by a 
not-for-profit corporation, and employs or uses the services of 
a security guard, as that term is defined in subdivision six of 
section eighty-nine of the general business law, such certificate 
holder £ shall comply with the provisions of article 7-A of the 



general business law, shall obtain proof that such security 
guard is registered pursuant to article 7-A of the general busi- 
ness law, shall maintain such proof in a readily available loca- 
tion, in accordance with rules promulgated by the 
commissioner during all hours in which such place of assembly 
is open to the public, shall maintain a roster of all security 
guards working at any given time when such place of assembly 
is open to the public, and shall require each security guard to 
maintain on his or her person proof of registration at all times 
when on the premises. 

§28-117.4.1 Presumption. For purposes of this section, 
there shall be a rebuttable presumption that a person 
employed or whose services are retained at a place of 
assembly is a security guard if his or her job functions 
include: 

1 . The monitoring or guarding of the entrance or exit of 
such place of assembly to manage ingress and egress 
to such place of assembly for security purposes dur- 
ing the hours of operation of such establishment; 
and/or 

2. Protection of such place of assembly from disorderly 
or other unlawful conduct by patrons of such place of 
assembly. 

§28-117.4.1.1 Presumption not applicable to owner. 

The rebuttable presumption in section 28-117.4.1 shall 
not apply to an individual who is an owner of the estab- 
lishment as described in section 28-117.4 that has 
received a place of assembly certificate of operation. 

§28-117.4.2 Responsibility for violations. Notwithstand- 
ing any provision of this section, only the holder of a certifi- 
cate of operation shall be liable for violations of this article 
that relate to such holder's obligations regarding security 
guards. 

§28-117.4.3 Enforcement. In addition to employees of the 
department, employees of the police department and the 
department of consumer affairs shall have the authority to 
enforce the provisions of this article regarding security 
guards. 

§28-117.4.4 State liquor authority reporting. The 

enforcement agency shall report any violation of the provi- 
sions of this section relating to security guards to the state 
liquor authority if the holder of the certificate of operation 
holds a license pursuant to the alcoholic beverage control 
law. 



ARTICLE 118 
CERTIFICATES OF OCCUPANCY 

§28-118.1 General provisions. No building or open lot shall 
be used or occupied without a certificate of occupancy issued 
by the commissioner. Issuance of a certificate of occupancy 
shall not be construed as an approval of a violation of the provi- 
sions of this code or of other applicable laws and rules. 

§28-118.2 New buildings or open lots. No building hereafter 
constructed or open lot shall be occupied or used, in whole or in 
part, unless and until a certificate of occupancy shall have been 
issued certifying that such building or open lot conforms sub- 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-33 



ADMINISTRATION 



stantially to the approved construction documents and the pro- 
visions of this code and other applicable laws and rules, 

§28-118.3 Completed buildings or open lots. The provisions 
of sections 28-1 18.3.1 through 28-1 18.3.4 shall apply to com- 
pleted buildings or open lots. 

§28-118.3.1 Change of occupancy or use. No building, 
open lot or portion thereof hereafter altered so as to change 
from one occupancy group to another, or from one zoning 
use group to another, either in whole or in part, shall be 
occupied or used unless and until the commissioner has 
issued a certificate of occupancy certifying that the alter- 
ation work for which the permit was issued has been com- 
pleted substantially in accordance with the approved 
construction documents and the provisions of this code and 
other applicable laws and rules for the new occupancy or 
use. 

§28-118.3.2 Changes inconsistent with existing certifi- 
cate of occupancy. No change shall be made to a building or 
open lot or portion thereof inconsistent with the last issued 
certificate of occupancy or, where applicable, inconsistent 
with the last issued certificate of completion for such build- 
ing or open lot or which would bring it under some special 
provision of this code or other applicable laws or rules, 
unless and until the commissioner has issued a new certifi- 
cate of occupancy. 

§28-118.3.3 Changes to exits. No building hereafter 
altered so as to cause a major alteration to existing exits shall 
be occupied or used unless and until the commissioner has 
issued a certificate of occupancy certifying that the alter- 
ation work for which the permit was issued has been com- 
pleted substantially in accordance with the approved 
construction documents and the provisions of this code and 
other applicable laws and rules. 

§28-118.3.4 Existing buildings or open lots without cer- 
tificates of occupancy. A building or open lot in existence 
prior to January 1 , 1 938 and heretofore legally used or occu- 
pied without a certificate of occupancy or, if applicable, a 
certificate of completion, and subject to the provisions of 
section 28-102.4 (continuation of lawful existing use), may 
continue to be used or occupied without a certificate of 
occupancy or, if applicable, a certificate of completion, pur- 
suant to the requirements of section six hundred forty five of 
the New York city charter, this code and other applicable 
laws and rules provided there is no change in the existing 
use or occupancy classification of the building, open lot or 
portion thereof. 

§28-118.3.4.1 Application for certificate of occu- 
pancy. Upon application by the owner of such a building 
or open lot in existence prior to January 1, 1938, the com- 
missioner shall issue a certificate of occupancy for such 
building, provided that at the time of issuing such certifi- 
cate, such existing building is in compliance with all ret- 
roactive requirements of the 1968 building code 
applicable to such building and no notices of violation or 
other notices or orders affecting the building as they 
relate to the provisions of this code or the 1968 building 
code are pending before the department, and provided 
further that it is established to the satisfaction of the com- 



missioner, after inspection and investigation, that the 
alleged use of the building has heretofore legally existed. 

§28-118.3.4.2 Partial certificates of occupancy. Partial 
certificates of occupancy may be issued pursuant to sec- 
tion 28-118.16. 

§28-118.4 Applications for certificates of occupancy. All 

applications for certificates of occupancy shall be submitted on 
forms furnished by the department. Applications for new 
buildings or additions to buildings shall be accompanied by an 
accurate and complete final lot survey made by a land surveyor 
showing such information as prescribed by the commissioner. 
The commissioner may waive the requirement of such survey 
in the case of small sheds, stands, temporary structures, signs, 
and similar small structures. 

§28-118.4.1 Applicant. The application for a certificate of 
occupancy shall be made by or on behalf of the owner of the 
building or open lot; and if made by a person other than the 
owner, the application shall be accompanied by a signed 
statement of the applicant stating that the applicant is autho- 
rized by the owner to make the application. The full names 
and addresses of the owner, and applicant, and of the princi- 
pal officers thereof, if a corporation, shall be stated in the 
application. 

§28-118.4.2 Statement of compliance. When a certificate 
of occupancy for a new or altered building is applied for, the 
application shall be accompanied by a signed statement of 
the registered design professional of record or the superin- 
tendent of construction, as applicable, stating that such per- 
son has examined the approved construction documents and 
specifications of the building for which the certificate of 
occupancy is sought, and that, to the best of his or her 
knowledge and belief, the building has been erected or 
altered in accordance with the approved construction docu- 
ments and specifications and, as erected or altered, complies 
with the provisions of this code and all other applicable laws 
and rules, except insofar as variations or variances there- 
from have been legally permitted or authorized, specifying 
such variations or variances in such required statement. 

§28-118.5 Review of applications for certificates of occu- 
pancy. All applications for certificates of occupancy and 
accompanying submittal documents shall be examined 
promptly after their submission. If the building is entitled to the 
certificate of occupancy applied for, the application shall be 
approved and the certificate of occupancy issued by the com- 
missioner within 10 calendar days after submission of a com- 
plete application. Otherwise, the application shall be rejected 
and written notice of rejection, stating the grounds of rejection, 
shall be given to the applicant within 10 calendar days of the 
submission of the application. Wherever an application has 
been rejected and proof is thereafter submitted establishing 
that the grounds of rejection have been met and that the build- 
ing is entitled to the certificate of occupancy applied for, the 
application shall be approved and the certificate of occupancy 
issued within 10 calendar days after submission of such proof. 

§28-118.6 Issuance of certificate of occupancy. After the 
commissioner inspects the building or open lot and determines 
that the building or open lot conforms substantially to the 
approved construction documents and to the provisions of this 



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ADMINISTRATION 



code and other applicable laws and rules, the commissioner 
shall issue a certificate of occupancy that shall contain infor- 
mation including, but not limited to: 

1 . The building permit number. 

2. The address of the structure. 

3 . Block and lot numbers pertaining to the zoning lot as of 
the date of issuance, as defined in section 12-10 of the 
New York city zoning resolution. 

4. The description of the structure for which the certifi- 
cate is issued. 

5. A statement that the described portion of the structure 
has been inspected for compliance with the require- 
ments of this code. 

6. The name and signature of the commissioner. 

7. The code under which the permit was issued. 

8. The use and occupancy, in accordance with this code 
and the zoning resolution. 

9. The type of construction as defined in this code. 

10. The design occupant load of floors and spaces. 

1 1 . Types of major fire suppression or alarm systems. 

12. Any special stipulations and conditions of the building 
permit. 

13. The maximum permissible live loads on the several 
floors of the building. 

14. The number of parking spaces. 

§28-118.7 Pavement plan. No certificate of occupancy shall 
be issued for any building or open lot requiring a pavement plan 
pursuant to article 108 unless and until an inspection has been 
made to show that all work necessary for compliance with the 
pavement plan has been completed. 

§28-118.7.1 Certification, No certificate of occupancy 
shall be issued for any building or open lot requiring a certif- 
ication pursuant to article 108 unless and until the applicant, 
after completion of construction work, inspects the side- 
walk and certifies that the sidewalk is free from defects. 

Exception: The commissioner may issue a certificate of 
occupancy if in lieu of such certification the owner fur- 
nishes to the department prior to the issuance of the cer- 
tificate of occupancy security satisfactory to the 
department that the sidewalk will be installed and paved 
or repaired within the time specified by the department. 

§28-118.8 Sanitary/storm water drainage. No certificate of 
occupancy shall be issued until the department confirms by 
inspection that all work relating to the installation of the part of 
the sanitary/storm water drainage system which lies outside of 
such property, if and as required by section 24-526 of the 
administrative code, has been satisfactorily completed. 

§28-118.9 Fire protection plan. No certificate of occupancy 
shall be issued until a fire protection plan, if required pursuant 
to article 109, has been filed and accepted. 

§28-118.10 Electrical work. No certificate of occupancy shall 
be issued unless compliance with the New York city electrical 
code is certified by the commissioner. 



§28-118.11 Certificates of compliance. No certificate of 
occupancy shall be issued until certificates of compliance are 
issued for the following types of service equipment: 

1. Air conditioning and ventilation systems. 

2. Elevators, escalators, moving walkways and dumbwait- 
ers. 

3. Fuel burning and fuel oil storage equipment. 

4. Refrigeration systems. 

5. Heating systems. 

6. Boilers. 

§28-118.12 Place of assembly certificate of operation. The 

issuance of a certificate of occupancy shall not authorize the 
use of any space as a place of assembly unless and until the 
commissioner thereafter issues a place of assembly certificate 
of operation. 

§28-118.13 Certificates of occupancy for air-inflated struc- 
tures, air-supported structures, and tents. Certificates of 
occupancy for air-inflated structures, air-supported structures, 
and tents shall be issued for a period not exceeding one year. 
Such certificates may be renewed for one-year periods upon 
demonstration that the structure complies with all laws and 
rules in effect at the time of the request for renewal. 

§28-118.14 Payment of outstanding penalties. The depart- 
ment may refuse to issue a certificate of occupancy for a build- 
ing pending payment of all outstanding fines or civil penalties 
imposed for violations of this code, the 1968 building code or 
other laws enforced by the department at the same building. 

§28-118.15 Temporary certificates of occupancy. Upon 
application, the commissioner is authorized to issue a tempo- 
rary certificate of occupancy before the completion of the 
entire work covered by the permit, provided that the subject 
portion or portions of the building may be occupied and main- 
tained in a manner that will not endanger public safety, health, 
or welfare. The commissioner shall set a time period during 
which the temporary certificate of occupancy is valid. 

§28-118.16 Amended certificate of occupancy. Where a 
building exceeds three stories in height and the change does not 
exceed 20 percent of the total floor area, an amendment to the 
existing certificate of occupancy for such new use shall be 
issued by the commissioner certifying that the proposed new 
occupancy and use conforms to the provisions of the laws gov- 
erning building construction and that the proposed use will not 
be in conflict with any provisions of the labor law, multiple 
dwelling law or the zoning resolution. 

§28-118.16.1 Partial certificate of occupancy. A partial 
certificate of occupancy may be issued to a specific floor or 
floors of an existing building erected prior to January 1, 
1938 subject to the following conditions: 

1. The building does not have and is not otherwise 
required to have a certificate of occupancy or certifi- 
cate of completion, if applicable. 

2. The floor or floors for which a certificate of occu- 
pancy is issued shall not constitute more than 50 per- 
cent of the gross floor area of the building. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



3. The building is of noncombustible construction and 
protected with an automatic sprinkler system. 

4. Adequate means of egress are provided from all 
floors. 

5. Upon inspection, the building is deemed safe for 
occupancy. 

§28-118.17 Revocation of certificates of occupancy. The 

commissioner is authorized to request, in writing, pursuant to 
section six hundred forty five of the New York city charter that 
the board of standards and appeals or a court of competent 
jurisdiction revoke, vacate, or modify a certificate of occu- 
pancy issued under the provisions of this code whenever the 
certificate is issued in error, or on the basis of incorrect infor- 
mation provided to the department. 

§28-118.18 Record of certificates, A record of all certificates 
of occupancy shall be kept by the department; and copies 
thereof shall be furnished by the department upon request, and 
on the payment of the fee prescribed in article 112 of this chap- 
ter. The certificate of occupancy or a copy thereof shall be 
available for inspection at the building at all reasonable times. 

§28-118.19 Posting of certificates of occupancy. The owner 
shall post a copy of the building's certificate of occupancy in 
accordance with this section 28-1 18.19, except buildings occu- 
pied entirely by group R3. Buildings that are not required to 
have a certificate of occupancy shall be posted by the owner 
with a sign or placard in a form prescribed by the commis- 
sioner. The certificate of occupancy or sign, as applicable, shall 
be permanently affixed to the structure in a conspicuous loca- 
tion in a public hall, corridor, management office of the build- 
ing or as otherwise prescribed by the commissioner. 

§28-118.19.1 Replacement of posted certificates of occu- 
pancy and signs. All posted certificates of occupancy or 
signs, as applicable, shall not be removed or defaced and, if 
lost, removed or defaced, shall be immediately replaced. 
The commissioner may inspect or cause to be inspected 
periodically all buildings for compliance with the provi- 
sions of this code in regard to posting; and the inspection 
reports shall specify any violation thereof. 



gas meter piping or gas distribution piping require the 
shut-off of gas flow to a building, the utility company shall 
be notified by the owner or his or her authorized representa- 
tive. 

§28-119.2 Temporary connection. The commissioner shall 
have the authority to authorize the temporary connection of the 
building or system to the gas service utility. 

§28-119.3 Authority to disconnect utility service. The com- 
missioner may authorize disconnection of gas service to the 
building, structure or system regulated by this code and the 
codes referenced in case of emergency where necessary to 
eliminate an immediate hazard to life or property. The depart- 
ment shall notify the local gas utility company, and wherever 
possible the owner and occupant of the building, structure or 
service system of the decision to disconnect prior to taking 
such action. 



ARTICLE 119 
SERVICE UTILITIES 

§28-119.1 Connection of service utilities. It shall be unlawful 
for any utility company or utility corporation to supply gas to a 
building, place or premises in which new meters other than 
replacement are required until a certificate of approval of gas 
installation from the department is filed with such utility com- 
pany or utility corporation. When new gas service piping has 
been installed it shall be locked-off by the utility company or 
utility corporation either by locking the gas service line valve 
or by installing a locking device on the outside gas service line 
valve. The lock shall not be removed until the gas meter piping 
(other than utility owned) and gas distribution piping have been 
inspected and certified as required by the department of build- 
ings as being ready for service. 

§28-119.1.1 Gas shut-off for alterations to gas piping 

systems. When alterations, extensions or repairs to existing 



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CHAPTER 2 

ENFORCEMENT 



ARTICLE 201 
GENERAL 

§28-201.1 Unlawful acts. It shall be unlawful to erect, con- 
struct, alter, extend, repair, fail to maintain, move, remove, 
demolish, occupy, use or operate any building, structure, pre- 
mises, or equipment, or to conduct any subject matter regulated 
by this code or by the zoning resolution, or to cause same to be 
done, in conflict with or in violation of any of the provisions of 
this code, the zoning resolution, or the rules of the department 
or, with regard to existing buildings, any applicable provision 
of the 1 968 building code or any other law or rule enforced by 
the department. It shall be unlawful to fail to comply with an 
order of the commissioner or to violate any order of the com- 
missioner issued pursuant to this code, the 1968 building code, 
the zoning resolution or any law or rale enforced by the depart- 
ment. 

§28-201.2 Classification of violations. The commissioner 
shall promulgate rules classifying all violations of this code, 
the zoning resolution or, with regard to existing buildings, the 
1968 building code or other laws or rales enforced by the 
department as immediately hazardous violations, major viola- 
tions or lesser violations unless the classification of such viola- 
tions is specifically directed by this code. Such classification 
shall be based on the effect of the violation on life, health, 
safety or the public interest or the necessity for economic disin- 
centive. 

§28-201.2.1 Specified immediately hazardous viola- 
tions. The commissioner shall classify the following viola- 
tions as immediately hazardous: 

1 . A violation of section 28-210.1 in which a building 
legally approved for occupancy as a one-family or 
two-family dwelling (as set forth in the certificate of 
occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is ille- 
gally converted to or maintained as a dwelling for 
occupancy by four or more families; 

2. Any violation of section 28-211.1 false statement; 

3. Any violation of a stop work order or of a cease use 
order; 

4. Any violation of a vacate order or order to seal, 
secure and close, or closure order; 

5. Unlawful demolition; 

6. Falsely impersonating an employee or authorized 
representative of the department; 

7. Occupancy without a required certificate of occu- 
pancy; 

8. Intentional disobedience or violation of any provi- 
sion of a closure order; 

9 . S ubmittal of a materially false or misleading profes- 
sional certification. 



10. A violation of section 28-212.1 1. 

11. A violation of section 28-307. 1 . 

12. A violation by a licensed rigger or person perform- 
ing the functions and duties of a licensed rigger of 
the provisions of sections 28-404.1 or 28-401.9 of 
this code or such person's failure to ensure that 
workers have certificates of fitness required pursu- 
ant to this code or applicable rale or any person's 
violation of the provisions of section 3314,10 of the 
New York city building code. 

1 3 . A violation of any provision of chapter 4 of this title 
for engaging in any business or occupation without 
a required license or other authorization. 

§28-201.2.2 Specified major violations. The commis- 
sioner shall classify the following violations as major viola- 
tions: 

1. A violation of section 28-210.1 or 28-210.2 other than 
a violation that is directed to be classified as immedi- 
ately hazardous. 

2. Failure to perform required facade, elevator and 
boiler inspections and to file required reports within 
the applicable time period. 

3. Failure to provide the notice required by section 
3314.1.1 of the New York city building code. 

§28-201.3 Methods of enforcement. The commissioner may 
use any of the methods set forth in this code to enforce compli- 
ance with this code, the 1968 building code, the zoning resolu- 
tion, other laws or rules enforced by the department and orders 
of the commissioner issued pursuant thereto including but not 
limited to: 

1 . Proceedings for the recovery of civil penalties for imme- 
diately hazardous, major and lesser violations before the 
environmental control board or other administrative tri- 
bunal. 

2. Civil judicial proceedings for the recovery of civil penal- 
ties or injunctive relief or both for immediately hazard- 
ous, major and lesser violations. 

3. Criminal judicial proceedings for the imposition of crim- 
inal fines or imprisonment or both for immediately haz- 
ardous, major and lesser violations. 

4. The issuance and enforcement of peremptory orders for 
immediately hazardous, major and lesser violations. 

5. The issuance of a commissioner's request for correction 
of an unlawful use or condition or order to correct an 
unlawful use or condition. 

6. Other special remedies as set forth in this code, the zon- 
ing resolution or other law or rule. 

§28-201.3.1 Issuance. Officers and employees of the 
department and of other city agencies designated by the 



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ENFORCEMENT 



commissioner shall have the power to issue summonses, 
appearance tickets and notices of violation for violations of 
this code, the 1968 building code, the zoning resolution or 
other laws or rules enforced by the department, orders, and 
requests for corrective action. 

§28-201.4 Aggravating and mitigating factors. Civil penal- 
ties and criminal fines and imprisonment shall be imposed 
within the ranges set forth in this code or as otherwise specified 
in this code or other law, with due regard for mitigating and 
aggravating factors. 



ARTICLE 202 
CIVIL PENALTIES 

§28-202,1 Civil penalties. Except as otherwise specified in 
this code or other law, violations of this code, the 1 968 building 
code, the zoning resolution or other laws or rules enforced by 
the department shall be punishable by civil penalties within the 
ranges set forth below: 

.1. For immediately hazardous violations, a civil penalty of 
not less than one thousand dollars nor more than 
twenty-five thousand dollars may be imposed for each 
violation. In addition to such civil penalty, a separate 
additional penalty may be imposed of not more than one 
thousand dollars for each day that the violation is not cor- 
rected. The commissioner may by rule establish speci- 
fied daily penalties within the limit set forth above for 
particular immediately hazardous violations. 

2. For major violations, a civil penalty of not more than ten 
thousand dollars may be imposed for each violation. In 
addition to such civil penalty, a separate additional pen- 
alty may be imposed of not more than two hundred fifty 
dollars for each month that the violation is not corrected. 
The commissioner may by rule establish specified 
monthly penalties within the limit set forth above for par- 
ticular major violations. 

3. For lesser violations, a civil penalty of not more than five 
hundred dollars may be imposed for each violation. 

§28-202.2 Continuing violations. Notwithstanding the 
assessment of daily penalties, each day that a violation contin- 
ues shall be a separate and distinct offense. 



ARTICLE 203 

CRIMINAL PENALTIES 

§28-203.1 Criminal fines and imprisonment. Except as oth- 
erwise specified in this code or other law, violations of this 
code, the 1968 building code, the zoning resolution or other 
laws or rules enforced by the department shall be punishable by 
criminal fines and imprisonment within the ranges set forth 
below: 

1. Every person convicted of violating a provision of this 
code, the 1 968 building code, the zoning resolution or 
other law or rule enforced by the department or an order 
of the commissioner issued pursuant thereto that is clas- 
sified by the commissioner or the code as an immediately 
hazardous violation shall be guilty of a misdemeanor 



punishable by a fine of not more than twenty-five thou- 
sand dollars or by imprisonment of not more than one 
year or by both such fine and imprisonment. 

2. Every person convicted of violating a provision of this 
code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order 
of the commissioner issued pursuant thereto that is clas- 
sified by the commissioner or the code as a major viola- 
tion shall be guilty of a violation punishable by a fine of 
not more than ten thousand dollars or imprisonment for 
not more than I 5 days or both such fine and imprison- 
ment. 

3. Every person convicted of violating a provision of this 
code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued 
pursuant thereto that is classified by the commissioner or 
the code as a lesser violation shall be guilty of a violation 
punishable by a fine of not more than five hundred dol- 
lars. 

§28-203.2 Continuing violations. In the case of continuing 
violations each day's continuance shall be a separate and dis- 
tinct offense. 



ARTICLE 204 
ENVIRONMENTAL CONTROL BOARD 

§28-204.1 General. Any person who shall violate or fail to 
comply with any of the provisions of this code, the 1968 build- 
ing code, the zoning resolution or other laws or rules enforced 
by the department or with any order issued pursuant thereto 
shall be liable for a civil penalty that may be recovered in a pro- 
ceeding before the environmental control board. Such proceed- 
ing shall be commenced by the service of a notice of violation 
returnable before the board. Such notice of violation may be 
issued by employees of the department or of other city agencies 
designated by the commissioner and may be served by such 
employees or by a licensed process server. 

§28-204.2 Order to certify correction. Each such notice of 
violation shall contain an order of the commissioner directing 
the respondent to correct the condition constituting the viola- 
tion and to file a certification with the department that the con- 
dition has been corrected. Unless otherwise provided by rule, 
such order shall require that violations classified as major or 
lesser be corrected within 30 days from the date of the order 
and that violations classified as immediately hazardous be cor- 
rected forthwith. Such order shall also require that certification 
of the correction of the violation shall be filed with the depart- 
ment in a manner and form and within such additional period of 
time as shall be established by rule of the department. In any 
proceeding before the environmental control board, no civil 
penalty shall be imposed for a lesser violation if the respondent 
complies with the commissioner's order to correct and to cer- 
tify correction of the violation within the applicable time 
period. However, such violation may serve as a predicate for 
purposes of assessing aggravating factors attributable to multi- 
ple offenses. 

§28-204.3 Failure of proof. In any proceeding before the envi- 
ronmental control board, if the board finds that the commis- 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ENFORCEMENT 



sioner has failed to prove the violation charged, the order 
requiring the respondent to correct the condition constituting 
the violation shall be deemed dismissed. 

§28-204.4 Failure to certify the correction of a violation. 

Failure to comply with an order of the commissioner issued 
pursuant to section 28-204.2 to correct and to certify correction 
of a violation within the applicable time period shall be a viola- 
tion of this code for which penalties may be imposed in addi- 
tion to the penalties that may be or have been imposed for the 
violation referred to in such order. Upon application, for good 
cause, the commissioner may extend the time for filing the cer- 
tification of correction of a violation, but not for more than 30 
days for each extension. 

§28-204.5 False statements in certification of correction. 
For the purposes of this section 28-204.5, if the environmental 
control board finds that a certification of correction filed pursu- 
ant to section 28-204.2 contained material false statements 
relating to the correction of a violation, such certification of 
correction shall be null and void and the penalties set forth in 
this code for the violation may be imposed as if such false cer- 
tification had not been filed with and accepted by the depart- 
ment. It shall be an affirmative defense that the respondent 
neither knew nor should have known that such statements were 
false. 

§28-204.6 Tax lien. Enforcement of environmental control 
board judgments against owners for certain building code vio- 
lations. Notwithstanding any provision of law to the contrary, 
an environmental control board judgment against an owner for 
a building code violation with respect to a private dwelling, a 
wooden-framed single room occupancy multiple dwelling, or a 
dwelling with a legal occupancy of three or fewer dwelling 
units shall constitute a tax lien on the property named in the 
violation with respect to which such judgment was rendered, as 
hereinafter provided. Such liens shall be entered and enforced 
as provided in this section 28-204.6. 

§28-204.6.1 Record of unpaid judgments. There shall be 
filed in the office of the department a record of all such 
unpaid judgments. Such records shall be kept by tax lot and 
block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the 
department shall constitute notice to all parties. 

§28-204.6.2 Lien. All such unpaid judgments shall consti- 
tute a lien upon the property named in the violation with 
respect to which such judgment was rendered when the 
amount shall have been definitely computed as a statement 
of account by the department, and the department shall file 
such statement with the department of finance for entry 
against the property. Such lien shall have a priority over all 
other liens and encumbrances except for the lien of taxes 
and assessments. However, no lien created pursuant to this 
section 28-204.6 shall be enforced against a subsequent pur- 
chaser in good faith or mortgagee in good faith unless the 
requirements of section 28-204.6.1 are satisfied. 

§28-204.6.3 Notice. A notice, stating the amount due and 
the nature of the charge, shall be mailed by the department 
of finance to the last known address of the person whose 
name appears on the records of the department as being the 
owner or agent of the property or as the person designated 



by the owner to receive tax bills or, where no name appears, 
to the property, addressed to either the "owner" or the 
"agent" 

§28-204.6.4 Mailing. Such notice mailed by the department 
of finance pursuant to this section 28-204.6.4 shall have 
stamped or printed thereon a reference to section 204.6. 

§28-204.6.5 Failure to pay charge. If such charge is not 
paid within 30 days from the date of entry, it shall be the duty 
of the department of finance to receive interest thereon at the 
same rate as unpaid real property taxes, to be calculated to 
the date of payment from the date of entry. 

§28-204.6.6 Enforcement of lien. Such charge and the 
interest thereon shall continue to be, until paid, a lien on the 
property. Any remedy or procedure available for the 
enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosure of 
a tax lien, shall be available with respect to such tax lien. In 
addition, such tax lien may be satisfied in accordance with 
the provisions of section 1354 of the real property actions 
and proceedings law. 

§28-204.6.7 Validity of lien. In any proceeding to enforce 
or discharge a lien created pursuant to this section 28-204.6, 
the validity of the lien shall not be subject to challenge based 
on the lawfulness of the judgment, except as provided in this 
section 28-204.6. 

§28-204.6.8 Challenge. No such challenge may be made 
except by the owner of the property or a mortgagee or lienor 
whose mortgage or lien would, but for the provisions of this 
section 28-204.6, have priority over the department's lien. 

§28-204.6.9 Notice to mortgagees and lienors. Notwith- 
standing the foregoing provisions, no such judgment shall 
be entered and enforced as a tax lien against any property 
unless at the time of the issuance of the notice of violation a 
copy of such notice was also served on all mortgagees and 
lienors of record of such property by mail addressed to the 
recorded addresses of such mortgagees and lienors. 

§28-204.6.10 Non-exclusive remedy. The procedures pro- 
vided in this section 28-204.6 for the enforcement of envi- 
ronmental control board judgments against owners shall be 
in addition to any other methods provided under any other 
provision of law for the enforcement of such judgments. 



ARTICLE 205 
CIVIL JUDICIAL PROCEEDINGS 

§28-205.1 Civil judicial enforcement. The owner, lessee, per- 
son in charge, or occupant of any building, structure, premises, 
equipment or part thereof, where a violation of this code, the 
1968 building code, the zoning resolution or of other laws or 
rules enforced by the department or any order issued by the 
commissioner shall exist or the agent, architect, builder, con- 
tractor, engineer, or any other person who commits or assists in 
any such violation or who maintains any building, structure, 
premises, equipment or part thereof where any such violation 
shall exist shall be subject to an action or proceeding to restrain, 
correct or abate such violation, or to compel compliance with 
such order. Upon request of the commissioner, the corporation 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ENFORCEMENT 



counsel may institute judicial actions or proceedings seeking 
such relief. In addition to any other remedies, in any such 
action or proceeding the defendant or respondent shall be sub- 
ject to the payment of civil penalties as provided in this code. 

§28-205.1.1 Corporation counsel. Such actions and pro- 
ceedings may be instituted by the corporation counsel in the 
name of the city in any court of competent jurisdiction in the 
city and shall be given preference over pending causes 
therein. In such actions or proceedings, the city may apply 
for restraining orders, preliminary injunctions or other pro- 
visional remedies, with or without notice; and no undertak- 
ings shall be required as a condition to the granting or 
issuing of any such order, injunction or remedy, or by reason 
thereof. No court shall lose jurisdiction of any action or pro- 
ceeding hereunder by reason of a plea that the title to real 
estate is involved if the object of the action is to recover a 
penalty for the violation of any of the provisions of this 
code. 

§28-205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall 
exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or 
interest in the building, structure, or premises. 

§28-205.1.1.2 In rem jurisdiction over the building. In 
rem jurisdiction over the building, structure, or premises 
where the violation shall exist shall be complete by affix- 
ing the summons to the door of the building, structure, or 
premises and by mailing the summons by certified or 
registered mail, return receipt requested, to one of the 
owners of some part of or interest in the building, struc- 
ture, or premises. Proof of service shall be filed within 
two days thereafter with the clerk of the court designated 
in the summons. Service shall be complete upon such fil- 
ing. 

§28-205.1.1.3 Service on other defendants. Defen- 
dants, other than the building, structure, or premises 
where the violation shall exist, shall be served with the 
summons as provided in the civil practice law and rules. 

§28-205.1.2 Presumptive evidence. In any action or pro- 
ceeding founded upon a claim by the commissioner that any 
law or rule enforceable by the department has been violated, 
or that a lawful order issued by such commissioner has not 
been complied with, the following presumptions shall 
apply: 

§28-205.1.2.1 Presumption of commissioner certifi- 
cate. A certificate in writing by the commissioner, or his 
or her authorized representative, shall be presumptive 
evidence of any matter stated therein. 

§28-205.1.2.2 Presumption of ownership. The person 
in whose name the real estate affected by the action is 
recorded in the office of the city register or the county 
clerk, as applicable, shall be presumed to be the owner 
thereof. 



§28-205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the man- 
ager, operator, or supervisor or, in any other way, in 
charge of the premises, at the time the violation occurred, 
such evidence shall be presumptive that he or she was an 
agent or employee of the owner or lessee of the building, 
structure, or premises. 

§28-205.1.3 Costs. In no case shall the department, or any 
officer or employee thereof, be liable for costs in any such 
action or proceeding; and officers and employees of the 
department, acting in good faith and without malice, shall 
be free from liability for acts done in any such action or pro- 
ceeding. 

§28-205.1.4 Lien. Any judgment rendered in any such 
action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceed- 
ing, if any, the lien to date from the time of filing a notice of 
pendency in the office of the clerk of the county in which the 
premises is located, and to have priority before any mort- 
gage or other lien existing prior to such filing, except tax and 
assessment liens. 

§28-205.1.5 Notice of pendency. The notice of pendency 
referred to in this section 28-205.1.5 may be filed at the 
commencement of judicial proceedings; provided the com- 
missioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code 
may be vacated and cancelled of record upon an order of a 
justice of the court in which such action or proceeding was 
instituted or is pending, or upon the consent in writing of the 
corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any 
such notice of pendency, and any record or docket thereof, 
as vacated and cancelled of record upon the presentation 
and filing of a certified copy of such order or consent. 



ARTICLE 206 
CRIMINAL JUDICIAL PROCEEDINGS 

§28-206*1 Criminal judicial enforcement. The owner, lessee, 
person in charge, or occupant of any building, structure, pre- 
mises, equipment or part thereof, where a violation of this 
code, the 1968 building code, the zoning resolution or of other 
laws or rules enforced by the department or any order issued by 
the commissioner shall exist or the agent, architect, builder, 
contractor, engineer, or any other person who commits or 
knowingly assists in any such violation or who maintains any 
building, structure, premises, equipment or part thereof where 
any such violation shall exist shall be guilty of a criminal 
offense punishable by a fine or imprisonment or both a fine and 
imprisonment in accordance with this code. 

§28-206,1.1 Other penalties. The criminal penalties pro- 
vided by this code shall be in addition to or alternative to any 
civil sanctions authorized to be imposed for an unlawful use 
or condition cited in this code. 



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ENFORCEMENT 



ARTICLE 207 
PEREMPTORY ORDERS 

§28-207.1 Contents and service. Peremptory orders issued by 
the commissioner shall contain a description of the building, 
structure, premises, equipment or subject matter affected, and 
shall be designated by address where applicable. Such orders 
may be served personally or by posting at the premises fol- 
lowed by regular mail, by any officer or employee of the 
department, or by any person authorized by the commissioner. 

§28-207.2 Stop work orders. Whenever the commissioner 
finds that any building work is being executed in violation of 
the provisions of this code, the 1968 building code, the zoning 
resolution or of any laws or rules enforced by the department, 
or in a dangerous or unsafe manner, the commissioner or his or 
her authorized representative may issue a stop work order. 

§28-207.2.1 Issuance. Upon issuance of a stop work order 
by the commissioner, all work shall immediately stop unless 
otherwise specified. Such order may require all persons to 
forthwith vacate the premises pursuant to the provisions of 
section 28-207.4 and may also require such work to be done 
as, in the opinion of the commissioner, may be necessary to 
remove any danger therefrom. The police department or 
other law enforcement agency or officer shall, upon the 
request of the commissioner, assist the department in the 
enforcement of this section 28-207.2. The stop work order 
may be given verbally or in writing to the owner, lessee or 
occupant of the property involved, or to the agent of any of 
them, or to the person or persons executing the work. A ver- 
bal order shall be followed promptly by a written order and 
shall include the reason for the issuance of the stop work 
order. 

§28-207.2.2 Unlawful continuance. No person shall with 
knowledge or notice of a stop work order allow, authorize, 
promote, continue or cause to be continued any work cov- 
ered by the stop work order, except such work that may be 
required by order of the commissioner. 

§28-207.2.3 Rescission. Upon application, the commis- 
sioner shall rescind the stop work order when the condition 
that gave rise to its issuance has been corrected and either all 
civil penalties or criminal fines assessed for any violation of 
such order have been paid or, where a violation is pending, 
security for the payment of such penalties or fines has been 
posted in accordance with department rules, or where the 
stop work order was issued in error or conditions are such 
that it should not have been issued. The commissioner may 
by rule require the payment of a fee in the amount of the 
expense of additional inspection and administrative 
expense related to such stop work order. 

§ 28-207.2.4 Mandatory stop work orders. The commis- 
sioner shall issue stop work orders in the circumstances set 
forth below. Upon issuance of such stop work order, the 
work shall immediately stop and shall not resume until the 
stop work order is rescinded by the department. The stop 
work order shall not be rescinded less than two business 
days after the date of issuance of such order. Nothing in the 
following sections shall be construed to limit the commis- 
sioner's power to issue stop work orders in other circum- 
stances. 



§ 28-207.2.4.1 Scaffold safety. A stop work order shall 
be issued if a permit holder or person directly in charge of 
any suspended scaffold supported by c-hooks or outrig- 
ger beams fails to notify the department prior to the 
installation or use of such equipment as required by sec- 
tion 3314.1.1 of the New York city Building code and 
either: 

1 . The rigger does not hold a license required by this 
code, or 

2. The workers lack certificates of fitness as required 
by this code or applicable rule, or 

3. The rigger failed to file with the department satis- 
factory evidence of insurance required by this 
code. 

§28-207.3 Public nuisance. Whenever any building, structure, 
place or premises is or may be perilous to life or property by 
reason of the nature or condition of its contents, its use, the 
overcrowding of persons therein, defects in its construction, or 
deficiencies in fire alarm, fire extinguishing equipment or fire 
escape equipment, or by reason of any condition in violation of 
law or order of the commissioner, the commissioner may 
declare that the same, to the extent that the commissioner may 
specify, is a public nuisance and may order the same to be 
removed, sealed, abated, repaired, altered or otherwise 
improved. 

§28-2073.1 Rescission. Upon application, the commis- 
sioner shall rescind such order when the condition that gave 
rise to its issuance has been corrected or where the declara- 
tion was issued in error or conditions are such that it should 
not have been issued. The commissioner may by rule 
require the payment of a fee in the amount of the expense of 
additional inspection and administrative expense related to 
such order. 

§28-207,4 Vacate order. In case any order to remedy a condi- 
tion that is or may be imminently perilous, dangerous or detri- 
mental to life, public safety or property, issued by the 
commissioner is not complied with, or the commissioner deter- 
mines that an emergency exists requiring such action, the com- 
missioner may order and immediately cause any building, 
structure, place or premises to be vacated. The vacate order 
may be given verbally or in writing to the owner, lessee or occu- 
pant of the property involved, or to the agent of any of them, or 
to the person or persons executing the work. A verbal order 
shall be followed promptly by a written order and shall include 
the reason for the issuance of the vacate order. 

§28-207.4.1 Basis for vacate. Conditions for which the 
commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a 
hazard to life, public safety, or property: 

1 . Danger of structural failure; 

2. Danger of facade failure; 

3. Inadequate fire protection, detection, or suppression; 

4. Inadequate egress; or 

5. Improper storage of hazardous materials, combusti- 
ble or toxic. 



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§28-207.4.2 Enforcement of vacate order. All orders 
issued pursuant to this section 28-207.4 shall be posted 
upon the premises and made available to the public. Imme- 
diately upon the posting of an order upon the premises, offi- 
cers and employees of the police department, the 
department, and other authorized officers and employees of 
the city shall immediately act upon and enforce such order. 
The police department shall provide all reasonable assis- 
tance to the department and other authorized officers and 
employees necessary to carry out the provisions of this sec- 
tion 28-207.4. A copy of the vacate order shall be filed with 
the county clerk of the county in which the premises is 
located. Such filing shall be notice of the vacate order to any 
subsequent owner and such owner shall be subject to such 
order. 

§28-207.4.3 Rescission. Upon application, the commis- 
sioner shall rescind the vacate order when the condition that 
gave rise to its issuance has been corrected and either all 
civil penalties or criminal fines assessed for any violation of 
such order have been paid or, where a violation is pending, 
security for the payment of such penalties or fines has been 
posted in accordance with department rules, or where the 
vacate order was issued in error or conditions are such that it 
should not have been issued. The commissioner may by rule 
require the payment of a fee in the amount of the expense of 
additional inspection and administrative expense related to 
such vacate order. 

§28-207.5 Cease use orders for service equipment. When- 
ever the commissioner determines that the operation of any ser- 
vice equipment is or may be dangerous to life, health or safety, 
the commissioner may issue a cease use order requiring such 
equipment to be shut down or sealed or otherwise made inoper- 
able. Upon the issuance of such order a tag or notice shall be 
affixed to the device warning that the equipment is unsafe for 
operation. It shall be unlawful to operate such equipment or to 
remove or deface such tag unless and until the cease use order is 
rescinded by the commissioner. 

§28-207.5.1 Rescission of cease use order. Upon applica- 
tion, the commissioner shall rescind the cease use order 
when the condition that gave rise to its issuance has been 
corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, 
where a violation is pending, security for the payment of 
such penalties or fines has been posted in accordance with 
department rules or where the cease use order was issued in 
error or conditions are such that it should not have been 
issued. The commissioner may by rule require the payment 
of a fee in the amount of the expense of additional inspection 
and administrative expense related to such cease use order. 



ARTICLE 208 

COMMISSIONER'S REQUEST FOR 

CORRECTIVE ACTION 

§28-208.1 Commissioner's request for corrective action. As 

an alternative to the issuance of an order or notice of violation, 
the commissioner may issue a request for corrective action to 
any person responsible for any claimed unlawful use or condi- 
tion in any premises. Each request for corrective action shall 



have the commissioner's signature affixed thereto; but the 
commissioner may authorize any subordinate to affix such sig- 
nature, including an electronic signature. 

§28-208.1.1 Contents and delivery. The request for cor- 
rective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, 
shall be designated by address, where applicable, shall be 
sent by regular mail or upon consent by electronic means to 
the owner, lessee, person in charge, or occupant of the build- 
ing, structure, premises, equipment or to any person respon- 
sible for the unlawful use or condition at the last known 
address for such person. Requests for corrective action may 
be sent to a managing agent or other person specifically des- 
ignated by the owner to attend to such requests on behalf of 
the owner. Each such request shall describe the unlawful use 
or condition, call upon the person addressed to correct it and 
to inform the department of the action taken. A time for cor- 
rection or response shall be specified. A request for correc- 
tive action may be given orally, followed within a 
reasonable time by a writing as described in this section 
28-208.1.1. A request for corrective action shall provide 
notice that failure to respond to such a request may result in 
the imposition of a fee for any subsequent inspection that 
results in the issuance of a notice of violation for the condi- 
tion. 

§28-208.1.2 Public record. The department shall keep a 
record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request 
for corrective action shall be reflected as withdrawn upon 
submission to the department of a statement in a form pre- 
scribed by rule indicating that the use or condition has been 
corrected or did not exist or following an inspection by the 
department that confirms correction. A request for correc- 
tive action may be issued in response to a complaint or 
inspection. 

§28-208.1.3 Other remedies not precluded. Nothing in 
this article shall be construed to limit the power of the com- 
missioner to take any other action authorized by this code 
with respect to any unlawful use or condition including, but 
not limited to, the commencement of an action or proceed- 
ing in a court or before the environmental control board or 
other administrative tribunal or the issuance of a peremptory 
order or to require that the commissioner issue a request for 
corrective action as a prerequisite to any other enforcement 
action. 



ARTICLE 209 

COMMISSIONER'S ORDER TO CORRECT 

UNLAWFUL USE OR CONDITION 

§28-209.1 General. The commissioner may issue an order to 
the persons responsible for any unlawful use or condition in 
any premises directing such person to correct the unlawful use 
or condition. Each such order shall have the commissioner's 
signature affixed thereto; but the commissioner may authorize 
any subordinate to affix such signature, including an electronic 
signature. 



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§28-209.2 Contents and service of order. All orders issued by 
the commissioner shall contain a description of the building, 
structure, premises, equipment or subject matter affected, and 
shall be designated by address where applicable. All such 
orders shall be served by regular mail or, upon consent, elec- 
tronically. Such orders may be served by any officer or 
employee of the department, or by any person authorized by 
the commissioner. An order may be given orally, followed 
within a reasonable time by a written order as described in this 
section 28-209.2. Failure to comply with a commissioner's 
order within the stated time period shall be a violation of this 
code punishable by civil penalties or criminal fines and impris- 
onment as set forth in this code. Proof of compliance with a 
commissioner's order shall consist of certification as pre- 
scribed by the rules of the department. 



ARTICLE 210 
ILLEGAL CONVERSIONS 

§28-210.1 Illegal residential conversions. It shall be unlaw- 
ful, except in accordance with all requirements of this code, to 
convert any dwelling for occupancy by more than the legally 
authorized number of families or to assist, take part in, main- 
tain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishment for 
such violation as set forth in this code the department or if 
applicable the environmental control board shall forward to the 
internal revenue service, the New York state department of tax- 
ation and finance and the New York city department of finance 
the name and address of the respondent or defendant, the 
address of the building or structure with respect to which the 
violation occurred and the time period during which the viola- 
tion was found to have existed. 

§28-210.2 Illegal industrial or manufacturing conversions. 

Except as otherwise provided by section 42-03 of the zoning 
resolution and the multiple dwelling law, it shall be unlawful, 
except in accordance with all requirements of this code, to con- 
vert to residential use any space legally authorized for occu- 
pancy for industrial or manufacturing use or to assist, take part 
in, maintain or permit the maintenance of such conversion. 
Upon the finding of such violation and the imposition of pun- 
ishment for such violation as set forth in this code the depart- 
ment, or, if applicable, the environmental control board shall 
forward to the internal revenue service, the New York state 
department of taxation and finance and the New York city 
department of finance the name and address of the respondent 
or defendant, the address of the building or structure with 
respect to which the violation occurred and the time period dur- 
ing which the violation was found to have existed. 



ARTICLE 211 
FALSE STATEMENTS 

§28-211.1 False statements in certificates, forms, written 
statements, applications, reports or certificates of correc- 
tion. It shall be unlawful for any person to make a material false 
statement in any certificate, professional certification, form, 
signed statement, application, report or certification of the cor- 
rection of a violation required under the provisions of this code 



or any rule of any agency promulgated thereunder that such 
person knew or should have known to be false. 

§28-21 1.1.1 Rebuttable presumption. In any proceeding 
that relates to a false statement in a certification of correc- 
tion of a violation filed in compliance with section 28-204.2 
if an inspection made within six months after the filing of 
the certification finds a condition constituting a violation 
that is the same as the condition described in the notice of 
violation with respect to which such certification was filed, 
there shall be a rebuttable presumption that the condition 
described in such notice of violation continued and is the 
same condition found in the inspection. 

§28-211.1.2 Additional penalty for false statements. In 

addition to any other penalty provided by law, the commis- 
sioner may refuse to accept an application or other docu- 
ment submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promul- 
gated thereunder that bears the signature of a person who 
has been found, after a hearing at the office of administrative 
trials and hearings pursuant to the department's rules, to 
have knowingly or negligently made a false statement or to 
have knowingly or negligently falsified or allowed to be fal- 
sified any certificate, form, signed statement, application, 
report or certification of the correction of a violation 
required under the provisions of this code or of a rule of any 
agency promulgated thereunder. 

§28-211.2 Falsely impersonating an officer. It shall be 
unlawful for any person to falsely represent himself or herself 
as an officer, inspector or employee of the department, or as 
acting under the authority of the department, or without author- 
ity to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee. 



ARTICLE 212 

ABATEMENT OF PUBLIC NUISANCE CAUSED BY 

CERTAIN ILLEGAL OCCUPANCIES 

§28-212.1 Abatement of public nuisances caused by illegal 
commercial or manufacturing occupancy in residence dis- 
tricts and certain other zoning districts. Any building or part 
thereof or vacant land that is located in a residence zoning dis- 
trict and that is occupied for a use not permitted in such district 
in violation of the zoning resolution, without a certificate of 
occupancy authorizing such use, is hereby declared to be a pub- 
lic nuisance. Any building or part thereof or vacant land that is 
located in a C-l or C-2 commercial zoning district and that is 
occupied for a commercial or manufacturing use indicated 
under use group 1.6, 17, or 18 as described in sections 32-25, 
42-14, and 42-15 of the zoning resolution, in violation of the 
zoning resolution, without a certificate of occupancy authoriz- 
ing such use is hereby declared to be a public nuisance. 

§28-212.2 Order of closure. If a building or part thereof or 
vacant land in which such a nuisance occurs is not occupied 
primarily as a residence, the commissioner may, in addition to 
or as an alternative to any other remedy under any other provi- 
sion of law, after notice and the opportunity for a hearing in 
accordance with this article, order the closing of such building 



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or part thereof or such vacant land to the extent necessary to 
abate the nuisance. 

§28-2123 Notice of hearing. A notice of hearing with respect 
to an order of closure shall be served on the owner and mort- 
gagee of record of such building or part thereof or such vacant 
land and on any person alleged to be occupying such building 
or part thereof or such vacant land at which the nuisance is 
located. 

§28-212.4 Service of notice of hearing. Service may be made 
on the owner by delivering such notice to the owner or to an 
agent of the owner or to a person of suitable age and discretion 
at the residence or place of business of the owner or, if upon 
reasonable application such delivery cannot be completed, by 
affixing such notice in a conspicuous place at the owner's place 
of business or residence or by placing it under the entrance door 
at either of such locations or by delivering such notice to a per- 
son employed by the owner to work at or to manage or maintain 
the premises at which the nuisance is located and, in all 
instances except personal delivery upon such owner by mailing 
the notice of hearing as follows: 

§28-212.4.1 Mailing to owner's registered address. To 
the person registered with the department of housing preser- 
vation and development as the owner or agent of the pre- 
mises, at the address filed with such department in 
compliance with article two of subchapter four of chapter 
two of title twenty-seven of the administrative code; 

§28-212.4.2 Mailing to billing address. To the person des- 
ignated as owner of the building or designated to receive real 
property tax or water bills for the building at the address for 
such person contained in one of the files compiled by the 
department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the 
file compiled by the department of finance from real prop- 
erty transfer forms filed with the city register upon the sale 
or transfer of real property; or 

§28-212.43 Mailing to recorded address. To the person in 
whose name the real estate affected by the order of the com- 
missioner is recorded in the office of the city register or the 
county clerk as the case may be at the address set forth on the 
recorded instrument. 

§28-212.4.4 Service on corporate owner. Service may be 
made on an owner that is a corporation pursuant to section 
306 of the business corporation law; however, service upon 
a corporation shall be deemed to have been completed 45 
days following service upon the secretary of state. 

§28-212.4.5 Service on mortgagees. Service may be made 
upon mortgagees of record by mailing such notice to the 
mortgagees at the address set forth on the recorded instru- 
ment. 

§28-212.4.6 Service on occupants. Service may be made 
upon an occupant by delivering such notice to the occupant 
or to a person employed by the occupant to work at or to 
manage or maintain the premises at which the nuisance is 
located; or by affixing such notice to the premises at which 
the nuisance is located in a conspicuous place or by placing 
a copy under the entrance door of such premises and mailing 
a copy of such notice to the occupant at such premises; and 



in all instances except personal delivery upon such occu- 
pant, by mailing the notice of hearing to the occupant at the 
premises at which the nuisance is located. 

§28-212.4.7 Proof of service. Proof of service pursuant to 
section 28-212.4.1 through 28-212.4.6 shall be filed with 
the commissioner. 

§28-212.5 Conduct of hearing by office of administrative 
trials and hearings. The hearing shall be conducted by the 
office of administrative trials and hearings. The administrative 
law judge assigned to hear the matter shall submit his or her 
proposed findings of fact and recommended decision to the 
commissioner. If based on such recommended decision, pro- 
posed findings of fact, and the record of the hearing the com- 
missioner determines that the building or part thereof or vacant 
land is a public nuisance, pursuant to this article, the commis- 
sioner may issue an order of closure. Such order shall not bar 
legally required ingress or egress for residential occupancy of 
parts of the building that are not subject to the order of closure. 

§28-212.6 Lack of knowledge not a defense. At such hearing 
it shall not be a defense that the owner, occupant, lessor, lessee, 
mortgagee, or other person having an interest in the property 
lacked knowledge of or did not acquiesce or participate in the 
creation or continuation of the public nuisance. 

§28-212.7 Closure not an act of possession. A closure 
ordered by the commissioner pursuant to this article shall not 
constitute an act of possession, ownership, or control by the 
city over the closed premises. 

§28-212.8 Posting of order of closure. An order of closure 
shall be posted at the building or part thereof or vacant land that 
is the subject of such order, and shall be mailed to the record 
owner of such premises, and any record mortgagee at the 
address for such person set forth in the recorded instrument, 
and to the person designated as owner or agent of the building 
or designated to receive real property tax or water bills for the 
building at the address for such person contained in one of the 
files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water 
charges or in the file compiled by the department of finance 
from real property transfer forms filed with the city register 
upon the sale or transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such 
premises are located. Such filing shall be notice of the order to 
any subsequent owner and such owner shall be subject to such 
order. 

§28-212.9 Enforcement of order of closure. On the tenth 
business day after the posting of such order and upon the writ- 
ten directive of the commissioner, police officers and autho- 
rized employees of the department shall act upon and enforce 
such order by sealing, padlocking, or otherwise preventing 
access to the premises in a manner that will not bar legally 
required ingress or egress for residential occupancy of parts of 
the building that are not subject to the closure order. 

§28-212.10 Rescission of order of closure. If at any time after 
the issuance of such order, the owner, mortgagee, or other per- 
son having an interest in the property provides assurance, in a 
form satisfactory to the commissioner, that the illegal commer- 
cial or manufacturing use of the premises has been discontin- 



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ENFORCEMENT 



ued and will not reoccur, or such owner, mortgagee, or other 
person establishes that the premises may be lawfully occupied 
for such use, the commissioner shall rescind the closure order. 
If such order is rescinded, the commissioner shall, upon 
request of such owner, mortgagee, or other person, provide a 
copy of such rescission, which may be filed with the county 
clerk or register of the county in which such premises are 
located. No such re-occupancy shall be permitted without a 
certificate of occupancy authorizing such use. 

§28-212.11 Violation of closure order. It shall be unlawful for 
any person to use or occupy or to permit any other person to use 
or occupy any building or part thereof or vacant land that has 
been sealed, padlocked, or otherwise closed pursuant to an 
order of the commissioner. It shall be unlawful to mutilate or 
remove a posted order of the commissioner. Intentional disobe- 
dience or violation of any provision of a closure order shall be 
punishable as an immediately hazardous violation. 



ARTICLE 213 
PENALTY FOR WORK WITHOUT A PERMIT 

§28-213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by law pursu- 
ant to article 202 and the rules of the department, whenever any 
work for which a permit is required pursuant to this code has 
been performed without a permit, a penalty shall be imposed by 
the department as provided in this article. 

§28-213.1.1 Penalty for work without permit on one or 
two-family dwelling. Where work has been performed 
without a permit on a one-family or two-family dwelling the 
penalty shall equal four times the amount of the fee payable 
for the permit. Where only part of the work has been per- 
formed without a permit, the penalty shall be reduced pro- 
portionately according to the amount of work still to be 
performed at the time a permit is issued. Notwithstanding 
the foregoing, no such penalty shall be less than five hun- 
dred dollars. 

§28-213.1.2 Penalty for work without permit on other 
than one or two-family dwelling. The penalty for work 
without a permit on buildings other than one or two-family 
dwellings shall be fourteen times the amount of the fee pay- 
able for such permit. Where only part of the work has been 
performed without a permit, the penalty shall be reduced 
proportionately according to the amount of work still to be 
performed at the time a permit is issued. Notwithstanding 
the foregoing, no such penalty shall be less than five thou- 
sand dollars. 

§28-213.2 Waiver. Such penalty and the permit fee shall be 
payable by the owner of the building on which the unpermitted 
work was performed. A waiver or reduction of such penalty 
shall be available to a subsequent bona fide purchaser of the 
premises pursuant to department rules. 

§28-213.3 Payment of penalty required before issuance of 
permit. No permit shall be issued for work described in this 
article until the penalty assessed by the department pursuant to 
this article has been paid. 



§28-213.4 Procedure. The department shall adopt a rule set- 
ting forth a procedure for assessment of penalties pursuant to 
this article. 



ARTICLE 214 
ORDER TO SEAL, SECURE AND CLOSE 

§28-214.1 Order to seal, secure and close. If the commis- 
sioner determines such action is necessary to the preservation 
of life and safety the commissioner may order a building sub- 
ject to a vacate order to be sealed, secured and closed, except 
that the commissioner shall not order sealed, secured and 
closed any dwelling unit or other space lawfully used for resi- 
dential purposes unless such dwelling unit or other space is 
sealed pursuant to the provisions of article 216. 

§28-214.1.1 Definition. For the purpose of this article, 
"sealed" and "sealed, secured and closed" shall mean the 
use of any means available to render the building, structure 
or part thereof inaccessible, including but not limited to the 
use of a padlock or cinder blocks. 

§28-214.1.2 Hearing. Such order to seal, secure and close 
shall contain notice of the opportunity for a hearing with 
respect to such order to determine if the order was properly 
issued in accordance with the provisions of this article. Such 
hearing shall be conducted by the commissioner, or in the 
commissioner's discretion, by the office of administrative 
trials and hearings or the environmental control board. If the 
matter is referred to such office or board, the hearing officer 
shall submit his or her findings of fact and a recommended 
decision to the commissioner. The hearing shall be held 
within three business days after the receipt of the written 
request of an owner, lessor, lessee, or mortgagee for such 
hearing. The commissioner shall render a decision within 
three business days after such hearing is concluded or find- 
ings of fact and a recommendation are submitted. 

§28-214.1.3 Service of seal, secure and close order. Such 
order issued pursuant to this article shall be served as fol- 
lows: It shall be mailed to the record owner of such pre- 
mises; any record mortgagee of such premises at the address 
for such person as set forth in the recorded instrument; and if 
reasonably ascertainable, the person designated as owner's 
agent of the building or designated to receive real property 
tax or water bills for the building at the address for such per- 
son contained in one of the files compiled by the department 
of finance for the purpose of the assessment or collection of 
real property taxes and water charges or in the file compiled 
by the department of finance from real property transfer 
forms filed with the city register upon the sale or transfer of 
real property. A copy shall also be filed with the county clerk 
of the county in which such premises is located. Such filing 
shall be notice of the order to any subsequent owner and 
such owner shall be subject to such order. 

§28-214.1.4 Rescission of seal, secure and close order. An 
order issued pursuant to this article shall not be rescinded 
unless the owner, lessor, lessee or mortgagee seeking such 
rescission provides assurance, in a form satisfactory to the 
commissioner, that the conditions that caused the issuance 
of such order have been corrected and will not reoccur. If 



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ENFORCEMENT 



such order is rescinded, upon the request of the owner, les- 
sor, lessee or mortgagee, the commissioner shall provide a 
certified copy of such rescission, which may be filed with 
the county clerk of the county in which such premises is 
located. 

§28-214,1.5 Expenses of enforcing seal, secure and close 

orders. The expenses attending the execution of any and all 
orders duly made by the department shall respectively be a 
several and joint personal charge against each of the owners 
or part owners, and each of the lessees and occupants of the 
building, structure, enclosure, place or premises to which 
such order relates, and in respect to which such expenses 
were incurred; and also against every person or body who 
was by law or contract bound to do that in regard to such 
building, structure, enclosure, place or premises which such 
order requires. Such expenses shall also be a lien on all rent 
and compensation due, or to become due, for the use of any 
building, structure, place or premises, or any part thereof, to 
which such order relates, and in respect to which such 
expenses were incurred. 

§28-214.1.6 Notice of seal, secure and close order to com- 
munity. The commissioner shall give written notice of the 
closing of any building, structure, enclosure, place or pre- 
mises pursuant to this article, and any subsequent actions 
taken with respect thereto, as soon as practicable, to the bor- 
ough president of the borough within which the closing has 
occurred; the council member representing the district 
within which the closing has occurred; and the local com- 
munity board. On January first of each year, the commis- 
sioner shall submit a report to the council, setting forth the 
number of closings made in the previous year, the locations 
of such closings, and the nature and use of the premises 
closed. The commissioner shall, in addition, as soon as 
practicable after a building, structure, enclosure, place or 
premises has been closed, make and publish a report of said 
closing in a manner calculated to quickly notify the local 
community in which such closing occurred. The commis- 
sioner shall also make and publish a report of any premises 
reopened pursuant to his or her permission under this arti- 
cle. Failure to comply with this section 28-214. 1 .6 shall not 
invalidate any action taken by the commissioner pursuant to 
this article. 

§28-214.2 Access to sealed premises. The commissioner shall 
allow access to the premises sealed, secured and closed pursu- 
ant to this article to an owner, or a lessor, lessee or mortgagee 
upon the following conditions: 

1. The submission of a written affirmation, satisfactory to 
the commissioner, that such person or persons will com- 
mence or cause to be commenced without delay all work 
necessary to correct the conditions stated in the vacate 
order or otherwise to make the premises meet all applica- 
ble laws and rules and will complete such work within a 
period of time and in a manner to be approved by the 
commissioner; 

2. The submission of a written affirmation or other proof 
satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure 



that the premises will be used or operated in a lawful 
manner and specifying such lawful use; 

3. If a license, permit, certificate of operation or certificate 
of occupancy is necessary for such lawful use, the sub- 
mission of a written affirmation or other proof, satisfac- 
tory to the commissioner, describing the steps that have 
been taken and will be taken in the future to ensure that 
such premises will be used or operated in compliance 
with any law requiring such license, permit, certificate of 
operation or certificate of occupancy; and 

4. If the premises are leased and the person making the 
affirmations described above in items 1, 2 and 3 is not 
such lessee, the commissioner may also require any 
authorized person seeking access to submit a written 
affirmation or other proof that proceedings to enable 
such person to take actions necessary to ensure compli- 
ance with the affirmations submitted by such authorized 
person pursuant to items 1, 2 and 3 have been com- 
menced. 

§28-214.3 Additional penalties for harm or injury from vio- 
lation of order to seal, secure and close. Notwithstanding any 
other law, rule, or regulation, any person, corporation, partner- 
ship, association or any other legal entity who permits a build- 
ing, structure, enclosure, place or premises, or any part thereof, 
to be unlawfully occupied or used in contravention of an order 
of the commissioner pursuant to this article, or who negligently 
fails to prevent or prohibit such unlawful occupancy or use, 
shall be liable for a civil penalty of not more than one million 
dollars, if any other person suffers serious physical injury, as 
defined in section ten of the penal law, or death in the building, 
structure, place or premises or any part thereof subject to such 
order as a result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such 
penalty shall be recoverable for each person suffering serious 
physical injury or death. Such penalty shall be recovered in a 
civil action brought by the corporation counsel in the name of 
the city in any court of competent jurisdiction. In determining 
the amount of the civil penalty to be imposed the court shall 
consider: 

1 . The extent and severity of injury to persons and property 
caused by the violation; 

2. The history of violations by the defendant at such pre- 
mises, or any other premises, of laws or rules enforced by 
the department; 

3. The degree of willfulness, recklessness, or negligence 
displayed by the defendant in committing the subject 
violation; 

4. The defendant's financial resources; and 

5. The defendant's good faith efforts to cure the subject 
violation, including efforts to obtain entry to or posses- 
sion of the premises in order to do so. 

§28-214.3.1 Payment by city. In the event that the family of 
any person seriously injured or who has died as the result of 
any unlawful occupancy or use described in this section 
28-214.3 is unable to collect a judgment recovered in a civil 
action for personal injury or wrongful death against a defen- 
dant who has violated this section 28-214.3 because of the 



A-46 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ENFORCEMENT 



insolvency of such defendant, the city may, in its discretion, 
pay to such injured person or the family of such deceased 
person an amount, as hereinafter provided, collected from 
such defendant in an action relating to the same injury or 
death commenced by the corporation counsel against such 
defendant pursuant to this section 28-214.3.1. 

§28-214.3.2 Limitations. Payments pursuant to section 
28-214.3. 1 shall be made as a matter of grace and shall be in 
such amounts and in accordance with such standards and 
procedures as shall be established by the mayor, provided, 
however, that any payment made pursuant to section 
28-214.3.1 shall be in an amount not exceeding 
out-of-pocket expenses, including indebtedness reasonably 
incurred for medical or other services necessary as a result 
of the injury upon which such action is based; loss of earn- 
ings or support resulting from such injury; burial expenses 
not exceeding two thousand five hundred dollars of a person 
who died as a result of such unlawful occupancy or use 
described in this section 28-214.3; and the unreimbursed 
cost of repair or replacement of articles of essential personal 
property lost, damaged or destroyed as a direct result of such 
unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person's 
uncollected judgment for personal injury or wrongful death 
and in no event shall the total amount paid to any number of 
persons with such uncollected judgments against a single 
defendant exceed the actual amount collected by the city 
from such defendant in an action under this subdivision. 



ARTICLE 215 
EMERGENCY POWERS OF THE COMMISSIONER 

§28-215.1 Emergency work. Notwithstanding any other pro- 
visions of law, if the commissioner determines that a structure 
or any part thereof is in imminent danger of collapse and the 
exigency of the situation is such that any delay may cause fur- 
ther danger to the public safety, then the commissioner may 
direct the commissioner of housing preservation and develop- 
ment or the department of city wide administrative services, or 
other city agency to perform or arrange the performance of the 
emergency demolition of such structure or part thereof or such 
other work as deemed by the commissioner to make it safe. 

§28-215.1.1 Lien for emergency work. The expenses of 
the city in performing emergency work on any structure or 
part of such structure pursuant to this article shall constitute 
a debt recoverable from the owner and a lien upon the land 
and any part of such structure that was not demolished. 
Every such lien shall have priority over all other liens and 
encumbrances on the premises except for the lien of taxes 
and assessments. Except as otherwise provided by rule of 
the affected agency, the agency incurring such expense shall 
be governed by the procedures set forth in article eight of 
subchapter five of the housing maintenance code with 
respect to the enforcement of such debt and lien against all 
types of structures, including those authorized to be occu- 
pied or otherwise occupied for residential, commercial, and 
manufacturing purposes. 

§28-215.2 Stopping work and securing structures. See sec- 
tion 28-207.2. 



§28-215.3 Vacating structures. See section 28-207.4. 

§28-215.4 Violations of protective measures during con- 
struction or demolition. During the construction or demoli- 
tion of a structure, the commissioner shall notify the owner of 
the structure affected of any failure to comply with any of the 
provisions of this code that concern the protection of the public 
and workers during construction or demolition. Unless the 
owner so notified proceeds immediately to comply with the 
orders of the commissioner, the commissioner shall have full 
power to correct the violation. All expenses incurred therefore 
shall become a lien on the property pursuant to section 
28-112.9. 

§28-215.5 Investigation of accidents or other emergency 
conditions. When necessary to conduct an investigation of any 
occurrence affecting building or construction safety, the com- 
missioner may seize or impound equipment, building material, 
and portions of the affected building or premises for examina- 
tion and testing. The police department or other authorized law 
enforcement agency shall cooperate with the commissioner 
upon request and shall provide a suitable place for the deposit 
of such items. 

§28-215.6 Closing streets temporarily. The commissioner 
may, when necessary for the public safety, temporarily close 
the sidewalks, streets, structures or places adjacent to a struc- 
ture or part thereof, and the police commissioner, or any of his 
or her subordinates shall enforce all orders or requirements 
made by the commissioner, when so requested by the commis- 
sioner. 

§28-215.7 Recovery of bodies from wrecked structures. 

Where any persons are known or believed to be buried under 
the ruins of any fallen structure or part thereof in the city, the 
commissioner shall cause an examination of the premises to be 
made for the recovery of the injured and bodies of the dead. 
Whenever, in making such examination, it shall be necessary to 
remove any debris from the premises, other city agencies shall 
cooperate with the commissioner in carrying out the purposes 
of this section 28-215.7, and shall provide suitable and conve- 
nient places for the deposit of such debris. 

§28-215.8 Non-compiiance with orders; execution of work 

by department. Upon the failure to comply with any order of 
the commissioner within the time limited thereby, and subject 
to the provisions of article 216, any work required to be exe- 
cuted by such order may be executed by the commissioner 
through the officers, agents or contractors of the department; 
and the city shall be reimbursed promptly for all costs and 
expenses of such work. Such costs and expenses shall become a 
lien upon the premises involved and named in the commis- 
sioner's order, which may be enforced in accordance with the 
provisions of section 28-1 12.9 of this code. 



ARTICLE 216 
UNSAFE BUILDINGS 

§28-216.1 Conditions constituting an unsafe building or 
structure. Any building, structure or part thereof described in 
this article shall be deemed an unsafe building and shall be 
demolished or removed or made safe and secure as provided 
herein. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-47 



ENFORCEMENT 



§28-216.1.1 Compromised structures. Any structure or 
premises or part of a structure or premises that from any 
cause may at any time become dangerous or unsafe, struc- 
turally or as a fire hazard, or dangerous or detrimental to 
human life, health or safety, shall be demolished and 
removed or made safe and secure. 

§28-216.1.2 Vacant buildings. Any vacant building not 
continuously guarded or not sealed and kept secure against 
unauthorized entry shall have all openings sealed in a man- 
ner approved by the commissioner, and it shall be the duty of 
the owner thereof promptly to make any repairs that may be 
necessary for the purpose of keeping such building sealed 
and secure. 

§28-216.2 Record and notice of unsafe building, structure 
or premises. The department shall cause a report to be filed on 
an unsafe building, structure or premises. The report shall 
describe the nature of the occupancy of the structure and the 
nature of the unsafe condition and be made a record of the 
department. 

§28-216.3 Notice and order. The owner, executor, administra- 
tor, mortgagee, lessee or any other person who may have a 
recorded vested or recorded contingent interest in the unsafe 
building, structure or premises, shall be served with a notice 
containing a description of the unsafe building, structure or 
premises and an order requiring such building be vacated pur- 
suant to 28-207.4, if necessary, and sealed, secured, repaired, 
shored, or demolished and removed as may be deemed neces- 
sary by the department. 

§28-216.3.1 Content. Such notice shall require the person 
thus served immediately to certify to the department his or 
her acceptance or rejection of the order. The notice shall fur- 
ther notify said person(s) that upon his or her refusal or 
neglect to comply with any of the requirements of this provi- 
sion, a survey of the building or premises named in such 
notice will be made at a time and place therein named. The 
notice shall also state that if, pursuant to the survey, it is 
found that the building, structure, or premises referred to 
therein is unsafe or dangerous by the surveyors, their report 
of survey will be placed before the supreme court for trial at 
a time and place named in such notice. 

§28-216.4 Method of service. The notice and order shall be 
served in accordance with the civil practice law and rules of the 
state of New York. 

§28-216.5 Owner abatement of unsafe or dangerous condi- 
tions. If the person served with a notice and order pursuant to 
section 28-216.4 shall immediately certify his or her assent to 
the securing or removal of such unsafe building, structure or 
premises condition, such person shall be allowed a period of 
time as determined by the commissioner, or his or her designee, 
within which to commence and complete the abatement of the 
unsafe or dangerous condition. Such person shall employ suffi- 
cient labor and assistance to secure or remove such conditions 
as expeditiously as possible. 



§28-216.6 Survey. A survey of the building or premises shall 
be conducted as follows: 

§28-216.6.1 Identity of surveyors. The survey shall be 
made by three competent persons, of whom one shall be the 
commissioner or his or her designee; another shall be a reg- 
istered design professional appointed by a recognized pro- 
fessional organization; and the third shall be a registered 
design professional appointed by the person served with a 
notice pursuant to section 28-216.4. If the person served 
with such notice shall neglect or refuse to appoint such sur- 
veyor, the other two surveyors shall make the survey. In case 
they disagree, they shall appoint a third person to take part in 
such survey, who shall be a registered design professional of 
at least 10 years' practice, whose decision shall be final. 

§28-216.6.2 Posting report of survey. A copy of the report 
of the survey shall be posted on the structure that is the sub- 
ject thereof by the persons holding the survey, immediately 
on their issuing such report. 

§28-216.6.3 Compensation of surveyors. The registered 
design professional appointed by the respective profes- 
sional organization, as hereinbefore provided, who may act 
on any survey called in accordance with the provisions of 
this section 28-216.6, and the third surveyor who may have 
been called in the case of disagreement provided for in this 
section 28-216.6, shall each be paid a sum to be determined 
by rule to be promulgated by the department. 

§28-216.6.4 Cost of survey. Any costs incurred by the city 
in connection with the survey shall become money due and 
owing to the city as part of the return of precept and judg- 
ment provided for in section 28-216.9 and 28-216.10 of this 
code or pursuant to lien provided for in section 28-1 12.9 of 
this code. 

§28-216.7 Court proceeding. Whenever the report of survey 
shall recite that the building, structure or premises surveyed is 
unsafe or dangerous, the corporation counsel or his or her 
designee shall, at the time specified in the notice, place such 
notice and report before a justice of the court named in the 
notice. The report of survey shall be in writing and constitute 
the issues to be placed before the court for trial. The purpose of 
the trial shall be to determine whether the unsafe building, 
structure, or premises shall be vacated and sealed, secured, 
shored, or demolished and removed. 

§28-216.7.1 Precedence of proceeding. The unsafe build- 
ing proceeding shall have precedence over every other busi- 
ness of such supreme court. The trial on the issues in the 
unsafe building proceeding shall be held without delay, at 
the time specified in the notice, and shall be held by a justice 
of the court or by a referee, whose decision or report in the 
matter shall be final 

§28-216.7.2 Precept to abate. If the justice or referee deter- 
mines the building, structure or premises that is the subject 
of the report of survey is unsafe or dangerous, such justice or 
referee trying the case shall immediately issue a precept 
directed to the commissioner authorizing the commissioner 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ENFORCEMENT 



forthwith to vacate pursuant to section 28-207.4, if neces- 
sary, and to seal, secure, shore, or demolish and remove the 
unsafe building, structure or premises named in such report. 
The precept shall be effective for a period of three years 
from the date of issuance. 

§28-216.7.3 Notice of pendency. A notice of pendency 
shall be filed in accordance with the following procedure: 

1 . The notice of pendency shall consist of a copy of the 
notice described in section 28-216.3 and shall be filed 
in the office of the clerk of the county where the prop- 
erty affected by such action, suit or proceeding is 
located. Such notice of pendency may be filed at any 
time after the service of the notice described in section 
28-216.3. 

2. Any notice of pendency filed pursuant to the provi- 
sions of this section 28-216.7.3 that has not expired 
may be vacated and cancelled of record upon an order 
of a justice of the court in which such suit or proceed- 
ing was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the 
county where the notice is filed is hereby directed and 
required to mark any such notice of pendency, and 
any record or docket thereof, as vacated and cancelled 
of record upon the presentation and filing of a certi- 
fied copy of such order or consent. 

§28-216.8 Execution of precept. A precept issued pursuant to 
section 28-216.7.2 shall be executed in accordance with the 
procedure setforth in sections 28-216.8.1 through 28-216.8,3. 

§28-216.8.1 Work by the department. Upon receiving a 
precept under the provisions of section 28-2 16.7.2, the com- 
missioner shall execute such precept, as therein directed, 
and may employ such labor and assistance and furnish such 
materials as may be necessary for that purpose. The com- 
missioner or his or her designee shall direct the commis- 
sioner of city wide administrative services or the department 
of housing preservation and development or other autho- 
rized agency to perform work in accordance with the pre- 
cept. Such work shall be performed by or under the 
direction of city wide administrative services in accordance 
with the provisions of section 4-204 of the administrative 
code, or the department of housing preservation and devel- 
opment, or such other authorized agency. 

§28-216.8.2 Owner application to perform work. The 

owner of such unsafe building, structure, or premises, or any 
party interested therein, if such person applies to the com- 
missioner immediately upon the issuing of such precept, 
shall be allowed to perform the requirements of such pre- 
cept at his or her own cost and expense, if the performance 
shall be done immediately and in accordance with the 
requirements of such precept and other applicable laws and 
rules and such other requirements as the commissioner shall 
impose. 

§28-216.8.3 Modification of precept. The commissioner 
or his or her designee shall have authority to modify the 
requirements of any precept when such commissioner or 
designee shall be satisfied that such change will secure the 
safety of such structure or premises equally well. 



§28-216.8.3.1 Upon application. The commissioner 
shall also have authority to modify the requirements of 
any precept upon application to such commissioner in 
writing by the owner of the unsafe building, structure, or 
premises, or such owner's authorized representative. In 
addition, upon application to modify the requirements of 
any precept to seal or shore the structure by the commis- 
sioner of housing preservation and development, city- 
wide administrative services or such other authorized 
agency, the commissioner or designee shall have author- 
ity to modify such precept accordingly when the com- 
missioner shall be satisfied that such change will secure 
the safety of such structure or premises equally well. 

§28-216.8.3.2 Notice. After a determination to modify 
the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the 
owner and applicant for the modification if other than the 
owner, at his or her last known address. 

§28-216.8.3.3 Failure of owner to perform work. If no 

action in accordance with the modified precept is under- 
taken by the owner or applicant for modification within 
the time period provided in the modification following 
the granting of such application, the commissioner may 
direct the department of housing preservation and devel- 
opment or the department of city wide administrative ser- 
vices or such other authorized agency to execute the 
original precept, provided however that prior to such 
execution, notice shall be provided by regular mail to the 
owner of the unsafe building, structure or premises and 
applicant for the modification if other than the owner, at 
his or her last known address. The owner shall continue 
to have the right to request the commissioner to modify 
the requirements of the precept prior to the execution 
thereof. 

§28-216.8.4 Interference prohibited. It shall be unlaw- 
ful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of city wide adminis- 
trative services, housing preservation and development, 
or other authorized agency, or any person who, acting 
under the authority conferred on such person by such 
commissioner, in performing the work authorized by a 
precept issued out of any court or modified in accordance 
with §28-216.8.3, or the work ordered by the commis- 
sioner in accordance with such precept under the provi- 
sions of section 28-216.8.3.3. 

§28-216.8.5 Enforcement. The police commissioner 
shall enforce such orders or requirements when 
requested by the commissioner and shall likewise 
enforce same at the request of the commissioner of city- 
wide administrative services, housing preservation and 
development, or other authorized agency, with respect to 
work performed by or under the direction of such com- 
missioner pursuant to the provisions of section 
28-216.8.3.3. 

§28-216.9 Return of precept and reimbursement of city. 

Upon compliance with any precept issued to the commissioner 
in a proceeding under this article, the commissioner may make 
return thereof, with an endorsement of the action thereunder 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-49 



ENFORCEMENT 



and the costs and expenses thereby incurred, to the justice of 
the court from which such precept issued. Such justice shall 
then tax and adjust the amount endorsed upon such precept, 
and shall adjust and allow the disbursements of the proceeding, 
including but not limited to the preliminary expenses of 
searches, service of the notice of survey and summons on inter- 
ested parties, surveys thereof, and costs of executing the pre- 
cept, which shall be inserted in the judgment in such 
proceeding. Such justice shall then render judgment for such 
amount and for the sale of the premises named in such notice, 
together with all the right, title and interest that the person 
named in such notice had in the lot, ground or land upon which 
such structure was placed, at the time of the filing of a notice of 
pendency in such proceedings, or at the time of the entry of 
judgment therein, to satisfy such judgment in foreclosure of 
mortgages. Nothing in this article shall preclude the city from 
recovering such costs and expenses in any other lawful manner, 
including pursuant to section 28-1 12.9 of this code. 

§28-216.10 Judgment lien. Any judgment rendered in an 
action or proceeding instituted under this article shall be and 
become a lien upon the premises named in such action or pro- 
ceeding, such lien to date from the time of filing a notice of pen- 
dency in the office of the clerk of the county wherein the 
property affected by such action or proceeding, is located. 
Every such lien shall have priority before any mortgage or 
other lien as may exist prior to such filing except tax and assess- 
ment liens. 

§28-216.11 Tax lien. Any costs and expenses incurred by any 
agency of the city pursuant to this article, including but not lim- 
ited to the preliminary expenses of searches, service of the 
notice of survey and summons on interested parties, surveys 
thereof, and costs of executing the precept, shall be a debt 
recoverable from the owner of the premises and a lien upon the 
land and buildings upon or in respect to which such costs and 
expenses were incurred. Every such lien shall have priority 
over all other liens and encumbrances on the premises except 
for the lien of taxes and assessments. Except as otherwise pro- 
vided by rule of the affected agency, the agency incurring such 
expense shall be governed by the procedures set forth in article 
eight of subchapter five of the housing maintenance code with 
respect to the enforcement of such debt and lien. 



A-50 NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 3 

MAINTENANCE OF BUILDINGS 



ARTICLE 301 
GENERAL 

§28-301.1 Owner's responsibilities. All buildings and all 
parts thereof and all other structures shall be maintained in a 
safe condition. All service equipment, means of egress, materi- 
als, devices, and safeguards that are required in a building by 
the provisions of this code, the 1968 building code or other 
applicable laws or rules, or that were required by law when the 
building was erected, altered, or repaired, shall be maintained 
in good working condition. Whenever persons engaged in 
building operations have reason to believe in the course of such 
operations that any building or other structure is dangerous or 
unsafe, such person shall forthwith report such belief in writing 
to the department. The owner shall be responsible at all times to 
maintain the building and its facilities and all other structures 
regulated by this code in a safe and code-compliant manner and 
shall comply with the inspection and maintenance require- 
ments of this chapter. 



ARTICLE 302 
MAINTENANCE OF EXTERIOR WALLS 

§28-302.1 General. A building's exterior walls and appurte- 
nances thereof shall be maintained in a safe condition. All 
buildings greater than six stories shall comply with the mainte- 
nance requirement of this article. 

Exception: The requirements imposed by this article shall 
not apply to any part of an exterior wall that is less than 12 
inches (305 mm) from the exterior wall of an adjacent build- 
ing. 

§28-302.2 Inspection requirements. A critical examination 
of a building's exterior walls and appurtenances thereof shall 
be conducted at periodic intervals as set forth by rule of the 
commissioner, but such examination shall be conducted at least 
once every five years. No later than January 1, 2009 the com- 
missioner shall by rule establish staggered inspection cycles 
for buildings required to comply with this section. The initial 
examination for a new building shall be conducted in the fifth 
year following the erection or installation of any exterior wall 
and/or appurtenances as evidenced by the issuance date of a 
temporary or final certificate of occupancy or as otherwise pre- 
scribed by rule. 

1. Such examination shall be conducted on behalf of the 
building owner by or under the direct supervision of a 
registered design professional with appropriate qualifi- 
cations as prescribed by the department. 

2. Such examination shall include a complete review of the 
most recently prepared report and an inspection. 

3 . Such examination shall be conducted in accordance with 
rules promulgated by the commissioner. 

§28-302.3 Immediate notice of unsafe condition. Whenever 

a registered design professional learns of an unsafe condition 



through a critical examination of a building's exterior walls and 
appurtenances thereof, such person shall notify the owner and 
the department immediately in writing of such condition. 

§28-302.4 Report of critical examination. The registered 
design professional shall submit a written report to the com- 
missioner within 60 days of completing the critical examina- 
tion, but not more than five years following submission of the 
preceding report of critical examination, certifying the results 
of such critical examination as either safe, unsafe or safe with a 
repair and maintenance program. The report shall clearly docu- 
ment the condition of the exterior walls and appurtenances 
thereof and shall include a record of all significant deteriora- 
tion, unsafe conditions and movement observed as well as a 
statement concerning the watertightness of the exterior sur- 
faces. Such report must be professionally certified by such reg- 
istered design professional. 

§28-302,5 Repair of exterior walls, unsafe condition. Upon 
the notification to the department of an unsafe condition, the 
owner, the owner's agent or the person in charge shall immedi- 
ately commence such repairs, reinforcements or other mea- 
sures as may be required to secure public safety and to make the 
building's exterior walls or appurtenances thereof conform to 
the provisions of this code, 

1. All unsafe conditions shall be corrected within 30 days 
of filing the critical examination report. 

2. The registered design professional shall reinspect the 
premises and file an amended report within two weeks 
after the repairs have been completed certifying that the 
unsafe conditions of the building have been corrected. 

3. The commissioner may grant an extension of time of up 
to 90 days to complete the repairs required to correct an 
unsafe condition upon receipt and review of an initial 
extension application submitted by the registered design 
professional together with such additional documenta- 
tion as may be prescribed by rule. 

4. The commissioner may grant further extensions of time 
to complete the repairs required to remove an unsafe 
condition upon receipt and review of an application for a 
further extension submitted by the registered design pro- 
fessional together with such further documentation as 
may be prescribed by rule. 

§28-302.6 Safe condition with a repair and maintenance 
program. The registered design professional shall not file a 
report of a safe condition with a repair and maintenance pro- 
gram for the same building for two consecutive filing periods 
unless the second such report is accompanied by his or her pro- 
fessional certification attesting to the correction of all condi- 
tions identified in the prior report as requiring repair. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-51 



MAINTENANCE OF BUILDINGS 



ARTICLE 303 
PERIODIC BOILER INSPECTIONS 

§28-303.1 General. Periodic boiler inspections shall be per- 
formed in accordance with this article. 

§28-303.2 Annual inspection. Except as otherwise provided 
in this article, all boilers as defined in section 204 of the New 
York state labor law, excepting those boilers listed in subdivi- 
sion five of such section of such labor law, shall be inspected at 
least once a year by a qualified department boiler inspector or 
an approved agency. Such inspections shall also include the 
chimney connectors. All individuals who perform periodic 
inspections pursuant to this article shall be qualified under sec- 
tion 204 of the New York state labor law and the rules promul- 
gated by the commissioner of labor or the commissioner of 
buildings. 

§28-303.2.1 Internal inspection required. When the con- 
struction of the boiler allows, an internal inspection shall 
also be performed. 

§28-303.3 Inspection of high-pressure boilers. Each owner 
of a high-pressure boiler, as defined in this code, may choose to 
have the annual boiler inspection conducted by the department 
or by a qualified boiler inspector in the employ of a duly autho- 
rized insurance company, 

§28-303.4 Staggered inspection cycles. The commissioner 
may by rule establish staggered inspection cycles for buildings 
required to comply with this article. 

§28-303.5 Repair of defects. The owner of each boiler that is 
subject to periodic inspection shall correct any defects identi- 
fied in the annual boiler inspection. 

§28-303.6 Owner's annual statement The owner of each 
boiler that is subject to periodic inspection shall file an annual 
written statement with the commissioner including: 

1 . The location of each boiler. 

2. Whether the owner, agent, or lessee has had the boiler 
inspected by a qualified boiler inspector in the employ of 
a duly authorized insurance company or other qualified 
inspector in accordance with the requirements of this 
article, setting forth the name and address of the insur- 
ance company or other qualified inspector, the date of 
inspection, and the policy number covering the boiler. 

§28-303.7 Report of inspection. A signed copy of the report 
of each boiler inspection shall be filed with the owner's annual 
statement, on such forms and in such manner as required by the 
commissioner. The report shall include a certification that 
identified defects have been corrected. The statement shall be 
filed within 30 days after installation of a boiler. Thereafter, it 
shall be filed as set forth in this article and in rules. 

§28-303.8 Removal or discontinuance notice. The owner of a 
boiler that is removed or discontinued from use shall file a writ- 
ten notice of such removal or discontinuance with the commis- 
sioner within 30 days of the date of removal or discontinuance. 

§28-303.9 Additional inspections. In addition to the inspec- 
tions required by this article, the commissioner may make such 
additional inspections as required to enforce the provisions of 
this code. 



§28-303.10 Fees. Every owner of a boiler in use and inspected 
by a qualified boiler inspector in the employ of a duly autho- 
rized insurance company shall pay to the department an annual 
fee for each boiler in the amount prescribed by this code to 
cover the city's administrative and supervisory costs. The fee 
shall be payable at the time of the filing of the owner's annual 
statement. No fee shall be charged for additional inspections 
made by the department pursuant to section 28-303.9. 



ARTICLE 304 
PERIODIC INSPECTION OF ELEVATORS 

§28-304.1 General. Every new and existing elevator or con- 
veying system shall be inspected and tested in accordance with 
the schedule set forth in this article. 

§28-304.2 Elevators, escalators, moving walkways, mate- 
rial lifts, vertical reciprocating conveyors (VRC) and 
dumbwaiters. Elevators, escalators, moving walkways, mate- 
rial lifts, VRC's and dumbwaiters shall be inspected and tested 
in accordance with the schedule set forth in Table Nl of ASME 
17.1 as referenced in chapter 35 and as may be modified in 
chapter 30 and appendix K of the New York city building code. 

Exception: Elevators located in owner-occupied one-fam- 
ily, two-family or multiple-family dwellings that service 
only the owner-occupied dwelling unit and that are not 
occupied by boarders, roomers or lodgers, and elevators 
located within convents and rectories that are not open to 
non-occupants on a regular basis are not subject to periodic 
inspection requirement of such reference standard. 

§28-304.3 Chair lifts and stairway chair lifts. Chair lifts and 
stairway chair lifts shall be inspected and tested at intervals not 
exceeding one year. 

§28-304.4 Amusement devices. Amusement devices shall be 
inspected and tested at intervals not exceeding six months 
except that for seasonally operated amusement devices, the 
commissioner may extend the periodic inspection and test for 
an additional two months. 

§28-304.5 Frequency of inspection and testing. Elevators 
and other conveying systems may be subject to more frequent 
inspection and testing as the commissioner finds necessary to 
protect public safety. 

§28-304.6 Inspection and testing process. All devices shall 
be inspected and tested in accordance with sections 28-304.6. 1 
through 28-304.6.6 

§28-304.6.1 Inspection and testing entities. The required 
periodic inspections shall be made by the department, 
except that one inspection and test for elevators and escala- 
tors shall be made between January first and December 
thirty-first of each year on behalf of the owner by an 
approved agency in accordance with this code and with 
rules promulgated by the commissioner. Required inspec- 
tions and tests performed on behalf of the owner shall be 
performed by an approved agency in accordance with rules 
of the department and witnessed by an approved agency not 
affiliated with the one performing the test. The department 
shall be notified at least 10 days prior to the owner's periodic 
inspection and testing pursuant to rule of the department. 



A-52 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



MAINTENANCE OF BUILDINGS 



§28-304.6.2 Scope. During periodic inspection and testing, 
in addition to any other requirements prescribed by this 
code, all parts of the equipment shall be inspected to deter- 
mine that they are in safe operating condition and that parts 
subject to wear have not worn to such an extent as to affect 
the safe and reliable operation of the installation. 

§28-304.63 Reporting an unsafe or hazardous condi- 
tion. If an inspection reveals that any elevator or other con- 
veying system is unsafe or hazardous to life and safety, the 
device is to be taken out of service immediately by the 
agency performing the inspection and the building owner 
notified immediately. The department shall be notified by 
telephone or fax within 24 hours. 

§28-304.6.4 Notation of inspection or test After each 
inspection or test, the inspector shall affix the inspection 
date and his or her signature over a stamp identifying his or 
her approved agency and his or her approval number on the 
inspection certificate issued by the department. 

§28-304.6.5 Inspection and test reports submission. 

Inspection and test reports shall be submitted on such forms 
and in such manner as required by the commissioner. Cop- 
ies of each report (each copy originally signed by the 
inspector performing the inspection and test and by the 
inspector witnessing the inspection and test, the agency 
director, and the building owner) listing all violations of any 
of the provisions of this code for each device inspected 
and/or tested, shall be delivered to the owner within 30 cal- 
endar days of the inspection or test and filed with the depart- 
ment within 45 calendar days of the inspection or test. 

§28-304.6.6 Repair. All defects as found and reported in 
such inspection and test reports shall be corrected within 45 
days of the filing of the report, except all hazardous condi- 
tions shall be corrected immediately. 

§28-304.7 Required contract. The owner of all new and exist- 
ing passenger elevators shall have a contract with an approved 
agency to perform elevator repair work and maintenance as 
defined by ASME 17.1. The name, address and telephone num- 
ber of such agency shall be maintained at each premises, on the 
mainline disconnect switch and in a location readily accessible 
to employees of the department and to maintenance and custo- 
dial staff at the premises. 

§28-304.8 Fees. Every owner of elevators and other devices 
shall pay to the department an inspection fee and a report filing 
fee for each elevator or device in the amount prescribed by this 
code. 

§28-304.9 Additional inspections. The commissioner may 
make such additional inspections as required to enforce the 
provisions of this code. No fee shall be charged for such addi- 
tional inspections. 



ARTICLE 305 
RETAINING WALLS 

§28-305.1 Retaining wails, partition fences and other site 
structures. In addition to the requirements set forth in chapter 
33 of the New York city building code, the responsibility for 
maintaining and repairing retaining walls, partition fences and 



other site structures shall be in accordance with sections 
28-305.1.1 and 305.1.2. 

§28-305.1.1 Structures located on the lot line of adjacent 
properties and partially on both properties. The owners 
of adjacent properties shall be responsible jointly for the 
proper maintenance and repair of retaining walls, partition 
fences and other site structures, or portions thereof, that are 
located along the common lot line and on both their proper- 
ties; and each such owner shall be responsible for one-half 
of the costs of maintaining and repairing such fences, retain- 
ing walls and other site structures, or such portions thereof. 
Where an owner elects to remove temporarily a retaining 
wall or partition fence that is required to support a grade dif- 
ferential between the two properties, or for any other reason 
is required by this code, such owner shall protect the adja- 
cent property, shall not impair its safe use, and shall replace 
the retaining wall or partition fence at his or her own cost. 

§28-305.1.2 Structures located entirely on one property. 

Where such retaining walls, partition fences or other site 
structures, or portions thereof, are located entirely on one 
property, the owner of such property shall be wholly respon- 
sible for the proper maintenance and repair of the retaining 
wall, partition fence or other site structure. If, however, the 
proper maintenance and/or repair of such retaining wall, 
partition fence or other site structures requires access to the 
adjoining property, the owner of such adjoining property 
shall allow such access. 

§28-305.2 Retaining walls required. Hereafter, when an 
owner elects to set his or her grade either higher or lower than 
the grade of an adjoining property at the property line, such 
owner shall erect, maintain and repair a retaining wall of suffi- 
cient height, structure and foundation to support such grade 
differential, and with proper drainage, in accordance with this 
code, such that the adjacent property is not impacted, and shall 
do so at the sole expense of such owner and entirely on the 
property of such owner without access to the adjoining prop- 
erty. 

§28-305.3 Special agreement. Nothing in this article shall be 
construed to prevent the owners of adjacent properties from 
making or enforcing by private action special agreements with 
respect to maintenance or repair of retaining walls, partition 
fences and other site structures or access to adjoining property 
for such purpose. 



ARTICLE 306 
PARTY WALLS 

§28-306.1 Responsibility for party walls. Repair and mainte- 
nance of the construction, design and fire-resistance rating of 
party walls shall be the joint responsibility of the owners of the 
adjoining properties, and any change by either owner must 
maintain the weather protection, structural, vertical fire divi- 
sion and other requirements of this code for party walls. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-53 



MAINTENANCE OF BUILDINGS 



ARTICLE 307 
WORKPLACE EXITS 

§28-307.1 Obstruction of workplace exits prohibited. 

Except for the exemptions specified in subdivision j of section 
27-371 of the administrative code or chapter 10 of the New 
York city building code, as applicable, it shall be unlawful for 
an employer or the agent of an employer to lock the doors of a 
workplace or otherwise obstruct or prohibit exit from a work- 
place when such act may endanger the health or safety of any 
employee, independent contractor or other individual in such 
workplace in the event of a fire or other hazardous condition or 
event. The commissioner shall classify a violation of this sec- 
tion as an immediately hazardous violation. Notwithstanding 
any other provision of this code, upon criminal conviction or 
civil adjudication of liability for a violation of this section an 
additional fine or civil penalty of not less than five thousand 
dollars nor more than twenty thousand dollars shall be imposed 
for each employee, independent contractor or other individual 
endangered by a violation of this section. 

§28-307.1.1 Notice. A sign shall be posted conspicuously at 
the workplace of a person convicted of or found liable for a 
violation of section 28-307.1. Such sign shall, in English, 
Spanish, Korean, Chinese or any other language directed by 
the fire commissioner, provide notice to employees of the 
acts prohibited by section 28-307.1 and of the remedies for 
employer retaliation as set forth in section 28-307.3. The, 
sign shall be in a form and posted in a manner directed by the 
fire commissioner and may contain any other information 
deemed necessary by the fire commissioner or as recom- 
mended by the police commissioner or the commissioner. 
The fire commissioner may, in the interest of public safety, 
adopt a rule requiring the posting of such signs at other 
workplaces. 

§28-307.2 Unannounced inspections of workplaces by fire 

department. In addition to any other inspections required by 
law or rule, the fire department shall conduct a minimum of 
fifty unannounced workplace inspections annually to ensure 
the identification and abatement of any hazardous conditions in 
violation of section 28-307.1. Such inspections shall include, 
but not be limited to, sites where there are known or suspected 
conditions affecting employee safety and health. 

§28-307.3 Retaliation. It shall be unlawful for an employer or 
the agent of such employer to take a retaliatory action, as 
defined by section 740 of the labor law, against an employee 
because of the lawful acts of such employee in furtherance of a 
civil or criminal enforcement proceeding arising out of the fail- 
ure of such employer or agent to comply with section 28-307. 1 
An employee who is the victim of such retaliatory action may 
commence an action in any court of competent jurisdiction for 
the relief provided for in this section and shall be entitled to all 
relief necessary to make such employee whole. Lawful acts of 
an employee shall include, but not be limited to, assisting in the 
investigation and initiation of an enforcement proceeding 
alleging a violation of section 28-307. 1, providing testimony in 
any such proceeding or providing other assistance in connec- 
tion therewith. The relief to which such employee shall be enti- 
tled shall include, but not be limited to, (i) an injunction to 
restrain any adverse or retaliatory action, (ii) reinstatement to 
the position such officer or employee would have had but for 



such action, or to an equivalent position, (iii) reinstatement of 
full benefits and seniority rights including payment of any 
missed back pay, plus interest and (iv) compensation for any 
special damages sustained as a result of such action, including 
litigation costs and reasonable attorneys' fees. 



A-54 



MEW YORK CSTY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 4 

LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND 
OCCUPATIONS ENGAGED IN BUILDING WORK 



ARTICLE 401 

GENERAL 

§28-401.1 Application. This chapter shall apply to the licens- 
ing and registration of businesses, trades and occupations 
engaged in building work regulated by this code. 

§28-401.2 General requirements for all licenses. The provi- 
sions of this article shall apply to all licenses issued by the 
department pursuant to this chapter. All applicants and licens- 
ees shall comply with the provisions of this article as well as the 
specific requirements applicable to the particular license as set 
forth in other articles of this chapter. 

§28-401.3 Definitions. As used in this chapter the following 
terms shall have the following meanings unless the context or 
subject matter requires otherwise. 

CERTIFICATE OF COMPETENCE. A certificate issued 
by the department to an individual representing that such indi- 
vidual has completed all requirements for the master plumber 
or master fire suppression piping contractor license but has not 
obtained a seal or plate; and that such certificate of competence 
has been renewed as required and is currently in effect. The cer- 
tificate of competence shall bear the name of the holder and the 
certificate number. The holder of a certificate of competence is 
not a licensed master plumber or licensed master fire suppres- 
sion piping contractor and may practice the trade for which the 
certificate is issued only under the direct and continuing super- 
vision of a licensed master plumber or licensed master fire sup- 
pression piping contractor or, with respect to a city employee 
under the direct and continuing supervision of a supervising 
licensed master plumber or licensed master fire suppression 
piping contractor. 

CITY AGENCY. A city, county, borough, or other office, 
position, administration, department, division, bureau, board 
or commission, or a corporation, institution or agency of gov- 
ernment, the expenses of which are paid, in whole or in part, 
from the city treasury. 

COMBINED STANDPIPE SYSTEM. A standpipe to which 
a sprinkler system is connected or is being connected. 

DIRECT AND CONTINUING SUPERVISION. Responsi- 
ble control exercised by a licensed individual, either personally 
or through one or more, but no more than three, levels of com- 
petent supervision over individuals (i) in the direct employ of 
the licensee, or (ii) in the direct employ of the city agency 
employing the licensee or (iii) in the direct employ of the busi- 
ness performing the actual work of the licensee's trade or the 
actual work permitted by the class of license held by the 
licensee, for which work such licensee assumes full responsi- 
bility. Such control shall be evidenced by such licensee's signa- 
ture, and seal where applicable, upon any required statements, 
applications and/or permits and by demonstrating involvement 
of the licensee in the operations of the business, including hir- 
ing of employees, responsibility for financial matters, and 



oversight of work performance. Direct and continuing supervi- 
sion includes field inspection, supervision of job sites, and the 
maintenance of records of such supervision and such other 
requirements as the commissioner may prescribe by rule for a 
particular license type. 

DIRECT EMPLOY. An individual is in the direct employ of a 
licensee or business or a city agency when such individual is on 
the payroll of such licensee or business or city agency and 
under the usual common law rules applicable in determining 
the employer-employee relationship has the status of an 
employee. The work performed by such employee shall not 
exceed the class of license held by the licensee. Direct employ- 
ment shall be evidenced by payroll records, such as social secu- 
rity payments, income tax withholding or the disbursement of 
other funds as required by law for the benefit of such employee, 
timekeeping records, such as time cards and sign-in sheets, 
work orders, and assignment or route logs. 

FIRE SUPPRESSION PIPING WORK. The installation, 
maintenance, repair, modification, extension, or alteration or 
testing of a fire suppression piping system in any building in the 
city of New York. 

FIRE SUPPRESSION PIPING SYSTEM. Any system 
including any and all equipment and materials in connection 
therewith, with the exception of any electrical components that 
must be installed by a licensed electrician pursuant to the New 
York city electrical code, the purpose of which is to control, 
contain, suppress or extinguish fire and shall include: 

1. The systems, materials and equipment described or 
referred to in this code (with the exception of any electri- 
cal components that must be installed by a licensed elec- 
trician pursuant to the New York city electrical code) 
which systems, materials or equipment shall include any 
standpipe system to which a sprinkler system is or is now 
being connected; provided, however, that such systems, 
materials or equipment shall not include any systems, 
materials or equipment constituting plumbing work, 
with the exception of up to thirty sprinkler heads off the 
domestic water in any one building; or 

2. Any dry, liquid or gaseous chemical fire containment, 
suppression, control or extinguishing system or any 
other device or means of control, suppression, contain- 
ment or extinguishing of fire (with the exception of any 
electrical components that must be installed by a 
licensed electrician pursuant to the New York city elec- 
trical code) but not including portable fire extinguishers. 

GENERAL CONTRACTOR. An individual, corporation, 
partnership or other business entity that applies for a permit 
pursuant to this code to construct a new residential structure 
containing no more than three dwelling units. The term ''gen- 
eral contractor" shall not be construed to include an individual, 
corporation, partnership or other business entity that holds a 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-55 



LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



license pursuant to this code or subchapter twenty -two of chap- 
ter two of title twenty of the administrative code, and enters into 
a contract to perform work exclusively within the scope of such 
license, nor shall it include an individual who constructs a resi- 
dential structure containing no more than three dwelling units 
for his or her own occupancy, or any subcontractors working 
for the general contractor. 

HIGH-PRESSURE BOILER. A boiler that carries a pressure 
of more than fifteen pounds of steam per square inch and is 
rated in excess of ten horsepower, or that produces hot water 
over a pressure of one hundred sixty pounds per square inch or 
at a temperature over 250°F (121°C). 

LICENSE. A license, registration, certification or other evi- 
dence, issued by the department pursuant to this chapter, repre- 
senting that an individual, a sole proprietorship, partnership, 
corporation, business association or other person meets the 
qualifications and requirements as set out in this chapter and in 
the rules of the department and is authorized to engage in the 
particular trade, occupation or business as indicated on the 
license and representing that such license, with associated plate 
and/or seal, where applicable, has been renewed as required 
and is currently in effect. The license shall bear the holder's full 
name, the type of license, the license class, where applicable, 
the license number and any restrictions relating to the use of 
such license. Such term shall not include a certificate of compe- 
tence. 

LICENSE BOARD OR BOARD. A panel of trade practitio- 
ners and others appointed by the commissioner as provided 
herein and in rules promulgated by the commissioner with the 
purpose of advising the commissioner regarding the character 
and fitness of applicants for a license or certificate of compe- 
tence, allegations of illegal practices by persons licensed, or 
other matters as the commissioner may see fit. 

LICENSED MASTER FIRE SUPPRESSION PIPING 
CONTRACTOR, MASTER FIRE SUPPRESSION PIP- 
ING CONTRACTOR. An individual who has satisfied the 
requirements of this chapter for the master fire suppression pip- 
ing contractor license, who has been issued a license, plate 
and/or seal, and who is authorized under the provisions of this 
chapter to perform fire suppression piping work in the city of 
New York, according to the classification of license held. A 
master fire suppression piping contractor licensee shall prac- 
tice his or her trade in association with a master fire suppres- 
sion piping contractor business or as an employee of a city 
agency. 

LICENSED MASTER PLUMBER, MASTER 

PLUMBER. An individual who has satisfied the requirements 
of this chapter for the master plumber license, who has been 
issued a license, plate and/or seal, and who is authorized under 
the provisions of this chapter to perform plumbing work in the 
city of New York. A master plumber licensee shall practice his 
or her trade in association with a master plumber business or as 
an employee of a city agency. 

PLATE. A plaque issued by the department to a master 
plumber or a master fire suppression piping contractor setting 
forth the licensee's name and number, the class of license and 
the master plumber business or master fire suppression piping 
contractor business operating pursuant to the plate, and dis- 



played prominently and conspicuously on view to the public at 
the place of business registered with the department. The plate 
is the property of the department and is not transferable by the 
licensee. 

PLUMBING WORK. The installation, maintenance, repair, 
modification, extension or alteration of plumbing, standpipe 
where a sprinkler is not connected or is not now being con- 
nected, domestic water, connections to the domestic water, 
combination domestic water and reserve standpipe supply tank 
up to and including the roof tank check valve, gas piping or any 
piping system referred to in the New York city plumbing code, 
and/or up to thirty sprinkler heads off the domestic water in any 
building in the city of New York. 

PRIVATE ELEVATOR INSPECTION AGENCY. An 
approved agency authorized by the commissioner to operate as 
an independent contractor for the purpose of inspecting and 
testing elevators, escalators and other conveying equipment 
regulated by this code and shall include but shall not be limited 
to an insurance company, elevator maintenance company, ele- 
vator manufacturer or elevator inspection company. 

SEAL. Emblem issued by the department to an applicant for 
some license types, that allows the licensee to stamp docu- 
ments required by this code to be signed and sealed. The seal 
shall bear the full name of the licensee, the license type, the 
license class, where applicable, and the license number. The 
seal is the property of the department and is not transferable by 
the licensee. For applications and other documents submitted 
electronically, the digital signature and imprint of the seal may 
be submitted in a manner authorized by the commissioner. 

SIGN. A sign as defined in section 12-10 of the zoning resolu- 
tion. 

TOTAL BOOM. A boom including jibs and other extensions. 

§28-401.4 Requirement of license. It shall be unlawful for any 
person to engage in or carry on in the city any business, trade or 
occupation regulated by this chapter or to hold himself or her- 
self out as authorized to engage in or carry on such activity, 
without having first obtained a license from the commissioner 
in accordance with and subject to the provisions of this chapter 
and the rules of the department. A license issued by the depart- 
ment for any such business, trade or occupation prior to the 
effective date of this code, shall remain in full force and effect 
until the expiration or termination thereof in accordance with 
the terms thereof, unless sooner revoked or suspended for 
cause as hereinafter provided. Any renewal of such license 
shall be in accordance with the provisions of this code. 

§28-401.5 Application and conditions. Every application for 
a license or certificate of competence shall be made in such 
form and shall be accompanied by such information as the 
commissioner may prescribe, and by the required fee. It is a 
condition of the license or certificate of competence that infor- 
mation in the application be kept correct and current. Any 
change in required information shall be reported to the depart- 
ment within fourteen days after any change prior to issuance of 
the license or certificate of competence or within thirty days 
after any change following issuance. 

§28-401.6 Qualifications of applicant. All applicants for a 
license or certificate of competence shall be at least 18 years of 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



age, shall be able to read and write the English language, shall 
be of good moral character, and shall meet additional qualifica- 
tions that may be prescribed for the particular license or certifi- 
cate of competence. 

§28-401.7 Examination of applicant. Except as otherwise 
specified for the particular license type, applicants for a license 
shall be required to take an examination in accordance with the 
rules of the department. Every applicant shall commence the 
license application process with the department within one 
year of passing the examination for licensure and shall furnish 
to the department a completed license application within one 
year of submission of the first filing. Failure to provide all 
requested documents in a timely manner will constitute an 
incomplete application and may result in denial of the license. 

§28-401.8 Investigation of applicant. Every applicant for a 
license or certificate of competence shall submit to investiga- 
tion as directed by a governmental entity in order to determine 
the applicant's character and fitness. The applicant shall fur- 
nish the department with payment for the actual cost of con- 
ducting a background investigation. Failure to provide all 
requested and completed documents in a timely fashion will 
constitute an incomplete application and will result in a denial 
of the license or certificate of competence. 

§28-401.9 Insurance. Except as noted otherwise for a particu- 
lar license, or exempted by the commissioner pursuant to rule, 
prior to the issuance of a license, or during the renewal thereof, 
the applicant shall file with the department (i) satisfactory evi- 
dence of a general liability insurance policy in the amount of 
one million dollars or such other amount as the commissioner 
may require, listing the New York city department of buildings 
as the certificate holder; and (ii) satisfactory evidence of an 
insurance policy for property damage in an amount set forth in 
rules and conditioned upon the observance of all applicable 
laws and rules governing the licensed activities and upon the 
payment of any applicable judgment awarded for damage to or 
destruction of property occurring in the performance of any 
regulated work by or under the supervision of the license 
holder. Each policy of insurance shall contain a provision for 
continuing liability notwithstanding any recovery under such 
policy. In addition, prior to the issuance of any license or seal 
and plate, if applicable, or during any renewal thereof, the 
applicant shall file with the department satisfactory evidence of 
compliance with the workers' compensation law and the dis- 
ability benefits law. 

§28-401.10 Issuance of license, plate and/or seal, where 
applicable, or certificate of competence. The commissioner 
shall issue a license or certificate of competence to each appli- 
cant who shall have submitted satisfactory evidence of his or 
her qualifications, and shall have satisfactorily passed all 
required examinations and investigations, provided that no 
license or certificate of competence shall be issued unless and 
until the applicant shall have paid the required fee and com- 
plied with such other and further requirements for the particu- 
lar license or certificate of competence as may be set forth in 
this chapter and in rules promulgated by the department. All 
licenses or certificates of competence issued by the commis- 
sioner shall have his or her signature affixed thereto; but the 



commissioner may authorize any subordinate to affix such sig- 
nature. For licenses that require a plate and/or the application of 
a seal, the plate and/or seal shall be issued with the license 
except as provided otherwise in this chapter. The license, plate 
and seal are the property of the department and are not transfer- 
able by the licensee. No licensee shall make or cause to be 
made duplicates of a department-issued license, plate or seal. 
The loss or theft of a license, plate or seal must be reported to 
the department within five calendar days. 

§28-401.11 Term of license. All licenses issued by the com- 
missioner for which an examination is required shall expire 
three years from the date of issuance thereof, and may be 
renewed every three years thereafter without examination. The 
commissioner shall have authority to stagger the issuance of 
licenses for three-year terms. All licenses not requiring exami- 
nation shall expire one year from the date of issuance thereof, 
and may be renewed each year thereafter except as otherwise 
noted for a specific license. 

§28-401.12 Renewal of license or certificate of competence. 

Applications for renewal of a license or certificate of compe- 
tence shall be accompanied by the renewal fee and such addi- 
tional information as the commissioner may require, and shall 
be made at least 30 calendar days but not more than 60 calendar 
days prior to the expiration date of same. The failure of an indi- 
vidual to renew his or her license or certificate of competence 
shall have the effect of cancellation of the license or certificate 
of competence upon expiration, and the holder of a plate and/or 
seal issued by the department shall immediately surrender such 
plate and/or seal to the department. A person who fails to renew 
a license or certificate of competence within the time period set 
forth in this section 28-401. 12 may apply for reinstatement of 
such license pursuant to section 28-401.13. The department 
may, following notice and an opportunity to be heard, refuse to 
renew a license or certificate of competence on any grounds on 
the basis of which it could deny, suspend or revoke such 
license. 

§28-401.13 Reinstatement. If a license or certificate of com- 
petence expires, the individual may apply for reinstatement of 
the license or certificate of competence, within one year of the 
date of its expiration without examination but subject to appli- 
cable late and reinstatement fees. Thereafter, and up to five 
years after the date of expiration, the commissioner may rein- 
state the license or certificate of competence without examina- 
tion upon the applicant's demonstration to the commissioner's 
satisfaction of continued competence in the respective trade 
and satisfaction of any applicable continuing education 
requirements. A license or certificate of competence shall not 
be reinstated after five years from date of expiration. 

§28-401.14 Continuing education. The commissioner may 
promulgate rules to require applicants for the renewal of 
licenses or certificate of competence to complete a prescribed 
number of hours of continuing education courses approved by 
the department within the term preceding the application for 
renewal and to provide proof of same in a form acceptable to 
the department. Such proof, when required, shall be submitted 
with the application for renewal. 

§28-401.15 Schedule of fees. 



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A-57 



LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



LICENSE TYPE 


INITIAL 
FEE 


RENEWAL 
FEE 


ADDITIONAL FEES 


Master rigger license 


$200 


$150 
triennially 


Late -renewal fee, $50 
Reissuance fee: $50 


Special rigger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Basic hoisting machine operator license (Class A) 


$150 


$150 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Basic hoisting machine operator license with endorsement to 
operate hoisting machinery without limitation or restriction 
(Class B) 


$200 


$150 
triennially 


Late-renewal fee $50. 
Reissuance fee: $50. 


Special hoisting machine operator license (Class C) 


$100 


$75 
triennially 


Late-renewal fee $50. 
Reissuance fee: $50. 


Concrete testing laboratory license 


$100 


$75 
annually 


Late-renewal fee. $50 
Reissuance fee: $50 


Welder license 


$50 


$45 
triennially 


Late-renewal fee. $50 
Reissuance fee: $50 


Master plumber license (certificate of competence) 


$200 


$150 
triennially 


Late-renewal fees: 

Up to 30 days late, $50; 

From 31 days to five years late, $100 for each year or part thereof 

Reissuance fee: $50 


Master plumber license plate 


$75 


$100 
triennially 


Replacement fee upon loss of plate, w/affidavit: $100 


Master plumber license seal 


$50 


$75 
triennially 


Replacement fee upon loss of seal, w/affidavit: $75 


Journeyman plumber registration 


$50 




No renewal, no reissuance 


Master fire suppression piping contractor (class A, B or C) 
license (certificate of competence) 


$200 


$150 
triennially 


Late-renewal fees: 

Up to 30 days late, $50; 

From 3 1 days to five years late, $100 for each year or part thereof 

Reissuance fee: $50 


Master fire suppression piping contractor (class A, B or C) 
license plate 


$75 


$100 
triennially 


Replacement fee upon loss of plate, w/affidavit: $100 


Master fire suppression piping contractor (class A, B or C) 
license seal 


$50 


$75 
triennially 


Replacement fee upon loss of seal, w/affidavit: $75 


Journeyman fire suppression piping installer registration 


$50 




No renewal, no reissuance 


Oil-burning equipment installer. License (class A or B) 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


High-pressure boiler operating engineer license 


$50 


$45 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Portable high-pressure boiler operating engineer license 


$50 


$45 
triennially 


Renewal fee includes renewal fee for a hoisting machine operator 
license. 

Late-renewal fee $50 
Reissuance fee: $50 


Master sign hanger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Special sign hanger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Outdoor advertising company registration 


As 

provided 

by dept 

rules 


As provided 
by dept rules 


As provided by dept rules 


Filing representative registration 


$50 


$50 
annually 


Late-renewal fee $50 
Reissuance fee: $50 


Reinstatement of expired license, certificate of competence 
or certification without examination, if approved by 
commissioner, in addition to applicable renewal fees 


Same as 
initial 
license 




$100 for each year or part thereof from date of expiration 


Site safety coordinator certificate 


$100 


$50 


Late-renewal fee $50 


Site safety manager certificate 


$300 


$150 


Late-renewal fee $50 


General contractor registration 


$200 


$160 
biennially 


Late-renewal fee $160 


Tower crane rigger license 


$150 


$50 
triennially 


Late-renewal fee $20 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



§28-401.16 Restrictions on use of license. No holder of a 
license issued under this chapter shall authorize, consent to or 
permit the use of his or her license by or on behalf of any other 
person, and no person who has not qualified and obtained or 
renewed a license under this chapter shall hold himself or her- 
self out to the public as licensed, certified, registered or as the 
holder of a license issued under this chapter, either directly or 
indirectly, by means of signs, sign cards, plates, stationery, or 
in any other manner whatsoever. 

§28-401.17 Use on behalf of a business. Except for such addi- 
tional requirements as may be set forth for a particular license, 
nothing in this chapter shall be construed to prohibit the use of a 
license by the holder thereof for or on behalf of a partnership, 
corporation or other business association, provided that: 

1 . At least one member of the partnership or at least one 
officer of the corporation is licensed for the same busi- 
ness, trade or occupation, and that all work performed by 
such partnership or corporation is performed by or under 
the direct and continuing supervision of such license 
holder or holders; or 

2. Such partnership, corporation or other business associa- 
tion is itself authorized to engage in such business as pre- 
scribed herein. 

§28-401.17.1 Use on behalf of a city agency. Nothing in 
this chapter shall be construed to prohibit the holder of a 
license who is an employee of a city agency from using such 
license to practice the trade for which such license is issued 
for or on behalf of such city agency in the course of such 
employment except as otherwise limited pursuant to articles 
408 and 4 10 of this chapter for licensed master plumber and 
licensed master fire suppression piping contractor licens- 
ees. 

§28-401.18 New York city location required. Except as oth- 
erwise noted for a particular license, the holder of a license, 
other than an employee of a city agency, shall have or be 
employed by a business entity that has an established place of 
business with an address within the city of New York at which 
such person can be contacted by the public and the department 
by mail, telephone or other modes of communication. A post 
office box is not an acceptable address. 

§28-401.19 Suspension or revocation of license or certifi- 
cate of competence. The commissioner shall have the power to 
suspend or revoke a license or certificate of competence and/or 
to impose a fine not to exceed twenty-five thousand dollars for 
each finding of violation, and/or to order any holder thereof to 
repair damage resulting from any act or omission as set forth in 
this chapter or in rules, for any of the following: 

1 . Fraud or deceit in obtaining or renewing a license, plate 
or seal, certificate of competence, certification, regis- 
tration, or permit; 

2. The making of a material false or misleading statement 
on any form or report filed with the department or other 
governmental entity; 

3. The failure to file a statement, report or form required 
by law to be filed; 



4. Willfully impeding or obstructing the filing of a state- 
ment, report or form of another required by law to be 
filed; 

5. Fraudulent dealings; 

6. Negligence, incompetence, lack of knowledge, or dis- 
regard of this code and related laws and rules; 

7. Failure to comply with this code or any order, rule, or 
requirement lawfully made by the commissioner 
including failure to cooperate with investigations 
related to the trade for which the individual is licensed 
conducted by the commissioner or other government 
entity; 

8. Failure to comply with any order, rule, regulation or 
requirement lawfully made by the commissioner of 
environmental protection or commissioner of transpor- 
tation pertaining to water services, house connections 
street openings, street/lane closures or sidewalk clo- 
sures that relate to requirements of this code; 

9. A practice or pattern of failing timely to perform or 
complete contracts relating to home improvements as 
defined by section 20-386 of the administrative code or 
a practice of abandoning contracts on residential build- 
ings containing four dwelling units or less; 

10. Failure to provide documents, including payroll 
records, workers compensation or other insurance doc- 
uments, employee timekeeping records and corporate 
tax returns, required by the commissioner; 

1 1 . Engaging or assisting in any act that endangers the pub- 
lic safety and welfare; 

12. Conviction of a criminal offense where the underlying 
act arises out of the individual's professional dealings 
with the city or any other governmental entity; 

13. Poor moral character that adversely reflects on his or 
her fitness to conduct work regulated by this code; or 

14. Failure to pay outstanding fines, penalties, or fees 
related to the individual's professional dealings with 
the city or any other governmental entity. 

15. With respect to general contractor registration, upon a 
finding that the applicant or registrant or a business 
entity in which one of the applicant's or registrant's 
principals, officers or directors is a principal, officer or 
director has engaged in any of the acts set forth in items 
1 through 14 or any of the following: 

15.1. Fraud, misrepresentation or bribery in securing 
a sign-off of work or a temporary or permanent 
certificate of occupancy. 

15.2. A practice on the part of the registrant of failure 
to timely perform or complete its contracts for 
the construction of new residential structures 
containing no more than three dwelling units, 
or the manipulation of assets or accounts, or 
fraud or bad faith. 

15.3. Approval or knowledge on the part of the regis- 
trant of an act of omission, fraud, or misrepre- 
sentation committed by one or more agents or 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



employees of the registrant, and failure to 
report such act to the department. 

15.4. The applicant or registrant, or any of its princi- 
pals, officers or directors, or any of its stock- 
holders owning more than ten percent of the 
outstanding stock of the corporation has been 
convicted of a crime which, in accordance with 
article twenty- three- a of the correction law, is 
determined to have a direct relationship to such 
person's fitness or ability to perform any of the 
activities for which a registration is required 
under this article. 

15.5. The applicant or registrant, or any of its princi- 
pals, officers or directors has been or is a princi- 
pal, officer or director of a registered general 
contractor whose registration has been 
revoked. 

28-401.19.1 Notice and hearing. The commissioner shall 
not revoke or suspend a license or certificate of competence 
for any cause or impose any other sanction on a licensee 
unless and until the holder has been given at least five calen- 
dar days prior written notice and an opportunity to be heard. 
However, when the public safety may be imminently jeop- 
ardized the commissioner shall have the power, pending a 
hearing and determination of charges, to forthwith suspend 
any license for a period not exceeding five working days. 

§28-401.19.2 Surrender of plate or seal. Upon surrender, 
suspension or revocation of a license for which the depart- 
ment has also issued a plate or seal, the license and such 
plate and/or seal shall be immediately surrendered to the 
department. 

§28-401.19.3 Reinstatement fees. The fees required for the 
reinstatement of a certificate of competence or license, plate 
or seal after suspension shall be the same as those required 
to obtain an original document. If reinstatement of the cer- 
tificate of competence, license, plate or seal is not requested 
within 30 days of the lifting of the suspension, then late fees 
shall be imposed in accordance with article 119 of chapter 1 
of this title. 

§28-401.19.4 Mandatory suspension or revocation. The 

commissioner shall immediately suspend or revoke a 
license issued pursuant to this code as set forth below. Noth- 
ing in the following sections shall be construed to limit the 
commissioner's power to revoke or suspend licenses in 
other circumstances. 

§28-401.19.4.1 Rigger license. Any licensed rigger who 
has been found guilty after proceedings before the envi- 
ronmental control board or other adjudicative proceed- 
ings of violating section 28-404.1 or 28-404.9 of the 
administrative code or section 3314.10 of the New York 
city building code, or of failing to insure that workers 
have certificates of fitness required pursuant to this code 
or applicable rule three times within any six-month 
period, shall be subject to immediate suspension of his or 
her license pending a hearing and determination in 
accordance with the provisions of this code. 



§28-401.19.4.2 General contractor registration. Any 

registered general contractor who has defaulted at or 
been found liable after proceedings before the environ- 
mental control board or in an adjudication in criminal 
court of violations of any provisions of this code relating 
to a stop work order, public health or safety, structural 
integrity, building in compliance with approved con- 
struction documents or fire safety three times within any 
twenty-four-month period shall be subject to immediate 
suspension of his or her registration, pending a hearing 
and determination at OATH. 

§28-401.20 Cooperation required. Any person, including 
any corporation, partnership, business or other entity, issued a 
license or certificate of competence by the department shall, 
pursuant to a request or order of the commissioner or any other 
city agency or office, cooperate fully and completely with 
respect to any department or city agency or office investigation. 
Evidence of cooperation shall include, but is not limited to, 
appearing before the department or other city agency or office, 
answering questions completely and accurately, and providing 
any and all requested documents. Failure to comply with such 
request or order may subject such person to disciplinary mea- 
sures authorized by law, including but not limited to suspension 
or revocation of the license or certificate of competence. 

§28-401.20.1 Service of request or order. Such request or 
order by the commissioner or other city agency or office 
shall be mailed by regular mail to the person named therein 
to his or her last known business or home address at least ten 
days before such appearance and shall contain the name of 
the person, date, time and place of such appearance and, if 
known or applicable, a description of any requested docu- 
ments. If the appearance or information is required immedi- 
ately, the request or order may be transmitted via facsimile 
or delivered to the person's last known business or home 
address prior to the date and time specified therein. 

§28-401.21 Judicial review of determinations. Notwith- 
standing any other provision of law to the contrary, decisions, 
orders and interpretations of the commissioner made pursuant 
to this chapter shall not be subject to review by the board of 
standards and appeals. Final decisions and orders of the com- 
missioner made pursuant to this chapter shall be subject to 
review pursuant to article 78 of the civil practice law and rules. 



ARTICLE 402 
SITE SAFETY MANAGER CERTIFICATE 

§28-402.1 Certificate required. It shall be unlawful to per- 
form the duties and responsibilities of a site safety manager as 
specified in chapter 33 of the New York city building code 
unless such work is performed by a person certified as a site 
safety manager under the provisions of this article. 

§28-402.2 Qualifications. All applicants for a site safety man- 
ager certificate shall submit satisfactory proof establishing that 
the applicant: 

L Is a registered design professional and has had three 
years of experience supervising major buildings as that 
term is defined in chapter 33, and within one year prior to 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



application has satisfactorily completed a 8-hour course 
approved by the department; 

2. Has eight years of construction supervision experience 
within the 10 years prior to application, including five 
years supervising major buildings as that term is defined 
in chapter 33, and within one year prior to application has 
satisfactorily completed a 40-hour course approved by 
the department; 

3. Has completed an 1 8 month on-the-job training program 
working on major buildings as that term is defined in 
chapter 33 under the direct and continuing supervision of 
a certified site safety manager. Such on-the-job training 
program shall conform to rules promulgated by the 
department. The supervising site safety manager shall 
certify the trainee's satisfactory completion of the train- 
ing program. In addition, the applicant shall provide 
proof that, within one year prior to the date of applica- 
tion, he or she has satisfactorily completed a 40-hour 
course approved by the department; 

4. Has equivalent education and construction experience as 
determined by the department and within one year prior 
to application has satisfactorily completed a 40-hour 
course approved by the department; or 

5. Has three years of experience as a certified site safety 
coordinator and within one year prior to application has 
satisfactorily completed a 40-hour course approved by 
the department. 



ARTICLE 403 
SITE SAFETY COORDINATOR CERTIFICATE 

§28-403.1 Certificate required. It shall be unlawful to per- 
form the duties and responsibilities of a site safety coordinator 
as specified in chapter 33 of the New York city building code 
unless such work is performed by a person certified as a site 
safety coordinator under the provisions of this article. 

§28-403.2 Qualifications. All applicants for a site safety coor- 
dinator certificate shall submit satisfactory proof establishing 
that the applicant: 

1 . Is a registered design professional and has had two years 
of experience supervising major buildings as that term is 
defined in chapter 33, and within one year prior to appli- 
cation has satisfactorily completed an 8-hour course 
approved by the department; 

2. Has five years of construction supervision or construc- 
tion safety experience within the 10 years prior to appli- 
cation, including three years supervising major buildings 
as that term is defined in chapter 33, and within one year 
prior to application has satisfactorily completed an 
8-hour course approved by the department; or 

3 . Has equivalent education and construction experience as 
determined by the department and within one year prior 
to application has satisfactorily completed a 40-hour 
course approved by the department. 



ARTICLE 404 
RIGGER LICENSE 

§28-404.1 Rigger license required. It shall be unlawful to 
hoist or lower any article on the outside of any building in the 
city unless such work is performed by or under the direct and 
continuing supervision of a person licensed as a rigger under 
the provisions of this article. The provisions of this article shall 
apply to the erection or dismantling of a tower crane or a 
climber crane on a building and to the use of a derrick in their 
removal, except that such erection or dismantling may be per- 
formed by or under the direct and continuing supervision of a 
licensed climber or tower crane rigger in accordance with rules 
promulgated by the department. 

Exception: The provisions of this article shall not apply to 
the hoisting or lowering of signs if the person so doing pos- 
sesses a license as a sign hanger, as provided in this chapter, 
or to the loading or unloading of any building materials or 
equipment, other than boilers and tanks, from a delivery 
truck. 

§28-404.2 Classification. Such licenses shall be classified as 
follows: 

1 . Master rigger license. Authorizes the holder thereof to 
hoist or lower any article, irrespective of weight, on the 
outside of any building. 

2. Special rigger license. Authorizes the holder thereof to 
hoist or lower any article not exceeding 2,000 pounds 
(907 kg) in weight on the outside of any building. 

3. Climber or tower crane rigger license. Authorizes the 
holder thereof to erect or dismantle a tower crane or a 
climber crane on a building and to use a derrick in their 
removal. 

§28-404.3 Additional qualifications. Applicants for a rigger 
license shall have the additional qualifications as set forth in 
sections 28-404.3.1 through 28-404.3.3. 

§28-404.3.1 Master rigger qualifications. All applicants 
for a master rigger license shall submit satisfactory proof 
establishing that the applicant: 

1. Has had at least five years of practical experience in 
the hoisting and rigging business within the seven 
years prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith, safe loads and computation 
thereof, types of rigging, size and strength of ropes, 
cables, blocks, poles, derricks, sheerlegs and other 
tools used in connection with such business. 

§28-4043.2 Special rigger qualifications. All applicants 
for a special rigger license shall submit satisfactory proof 
establishing that the applicant: 

1 . Has had at least one year of practical experience in the 
hoisting and rigging business within the three years 
prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith. 



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§28-404.3.3 Climber or tower crane rigger qualifica- 
tions. All applicants for a climber or tower crane rigger 
license shall submit satisfactory proof establishing that the 
applicant: 

1 . Has had at least five years of practical experience in 
the climber or tower crane rigging business within the 
seven years prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith, including connecting pins, 
cables, anchorage, platform or pad, plumb of mast, 
torque of bolts, supervision of rigging and hoisting of 
loads, placement of components, and coordination of 
sequencing. 

§28-404.4 Additional requirements. The additional require- 
ments set forth in sections 28-404.4.1 through 28-404.4.3 shall 
apply to riggers: 

§28-404.4.1 Danger warning. Every licensed master or 
special rigger shall, while rigging operations are in progress 
at a job site, place, conspicuously, at such job site two plates 
or signs not less than 18 inches (457 mm) by 24 inches (610 
mm) in size (i) displaying the word ''danger" in letters not 
less than 6 inches (152 mm) high, and (ii) disclosing the rig- 
ger's name, business address, type of rigger license and 
license number. 

§28-404.4.2 Master rigger place of business. Every 
licensed master rigger shall have a place of business within 
the city and shall display prominently at such place of busi- 
ness a plate or sign marked with the words "master rigger" 
and his or her license number immediately thereunder. 

§28-404.4.3 Fitness to perform work. As a condition of 
license renewal, a licensed master or special rigger shall 
provide evidence satisfactory to the department that such 
licensee is fit to perform the work. 



ARTICLE 405 
HOISTING MACHINE OPERATOR LICENSE 

§28-405.1 Hoisting machine operator license required. It 
shall be unlawful for any persons to take charge of or operate 
any power-operated hoisting machine used for hoisting pur- 
poses or cableways under the jurisdiction of the department, 
except power-operated scaffolds and window-washing 
machines, unless such person is licensed under the provisions 
of this article or is a holder of a certificate of qualification as a 
hoisting machine operator issued prior to December 6, 1968 
and not allowed to lapse. 

Exceptions: 

1 . The commissioner may, by rule, exempt operators of 
mobile cranes of limited size and capacity from the 
requirements of this article. 

2. The provisions of this article shall not apply to 
machines under one ton capacity. 



§28-405.2 Classification. Hoisting machine operator licenses 
shall be classified as follows: 

1. Class A license: Basic license to operate cranes with 
total boom less that 200 feet (60 960 mm) in length, der- 
ricks and cableways, excluding truck-mounted tower 
cranes that exceed 200 feet (60 960 mm) in height. 

2. Class B license: Endorsement on basic license to include 
the operation of hoisting machinery without limitation or 
restriction. 

3. Class C license: Special hoisting machine operator 
license to operate a specified class of hoisting machine of 
limited size and capacity as follows: 

Class CI: License to operate wheel mounted cranes 
(single control station) with telescoping, hydraulic or 
folding booms, including jibs and any other exten- 
sions to the boom, not exceeding 200 feet in length 
(60 960 mm) with a manufacturer's rated capacity of 
50 tons (51 t) or less; 

Class C2: License to operate boom trucks with tele- 
scoping, hydraulic or folding booms, including jibs 
and any other extensions to the boom, not exceeding 
200 feet (60 960 mm) in length with a manufacturer's 
rated capacity of 50 tons (51 t) or less; 

Class C3: License to operate boom trucks with tele- 
scoping, hydraulic or folding booms, including jibs 
and any other extensions to the boom, not exceeding 
135 feet (41 148 mm) in length with a manufacturer's 
rated capacity of three tons or less, used exclusively 
for the erection, maintenance or removal of signs. 

§28-405.3 Additional qualifications. Applicants for a hoist- 
ing machine operator license shall have the following addi- 
tional qualifications. 

§28-405.3.1 Class A license. All applicants for a class A 
basic hoisting machine operator license shall have had at 
least three years experience within the five years prior to 
application under the direct and continuing supervision of a 
licensed hoisting machine operator. 

§28-405.3.2 Class B license. All applicants for a class B 
hoisting machine operator license shall hold a class A basic 
hoisting machine operator license, and shall have had at 
least two years experience prior to application under the 
direct and continuing supervision of a Class B licensed 
hoisting machine operator operating the equipment for 
which they are applying for endorsement and shall satisfac- 
torily demonstrate by operation that they are competent to 
operate a crane with a boom, including jibs and other exten- 
sions, exceeding 200 feet (60 960 mm) in length or 
truck-mounted tower crane exceeding 200 feet (60 960 mm) 
in height, or as otherwise provided in rules of the depart- 
ment. 

§28-405.3.3 Class C license. All applicants for a class C 
special hoisting machine operator license shall have had at 
least two years experience within the three years prior to 
application under the direct and continuing supervision of a 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



licensed hoisting machine operator and have satisfactorily 
passed a practical examination in the operation of equip- 
ment for which such license is to be issued. 

§28-405.4 Fitness to perform work. As a condition of license 
renewal, a licensed hoisting machine operator shall provide 
evidence satisfactory to the department that he or she is fit to 
perform the work. 

§28-405.5 Insurance exemption. Unless otherwise required 
by rule, licensed hoisting machine operators are exempt from 
the insurance requirements of section 28-401.9. 



ARTICLE 406 
CONCRETE TESTING LABORATORY LICENSE 

§28-406.1 Concrete testing laboratory license required. 

Testing of concrete required by this code or other applicable 
laws or rules shall be conducted by a concrete testing labora- 
tory licensed in accordance with this article. 

§28-406.2 Qualifications. All applicants for a concrete testing 
laboratory license shall maintain a laboratory within 50 miles 
(80 467 m) of the city and shall submit satisfactory proof estab- 
lishing that the business is conducted by qualified personnel in 
accordance with procedures, safety requirements and profes- 
sional standards as set forth in rules of the department. The 
department shall inspect an applicant's place of business and 
equipment and conduct an investigation of applicant's person- 
nel in a manner to be set forth in department rules prior to the 
issuance or renewal of a license. 

§28-406.3 Additional requirements. The following addi- 
tional requirements shall apply to concrete testing laboratories: 

§28-406.3.1 Director. Each laboratory shall have in respon- 
sible charge a director who shall be a registered design pro- 
fessional and who shall personally supervise all technical 
functions of the laboratory relating to testing of concrete 
and concrete materials as required in this code and in rules 
of the department. 

§28-406.3.2 Certification of reports by director. The 

director shall certify the truth and accuracy of all reports 
filed by the laboratory under the provisions of this code or 
other applicable laws and rules. 

§28-406.4 No examination required. An examination shall 
not be required for a concrete testing laboratory license. 



ARTICLE 407 
WELDER LICENSE 

§28-407.1 Welder license required. It shall be unlawful to 
perform manual welding work on any structural member of any 
building in the city unless such work is performed by a person 
licensed as a welder under the provisions of this article. 

§28-407.2 Qualifications. All applicants for a welder license 
shall submit satisfactory proof of the applicant's fitness to 
make structural welds, including his or her ability to pass oper- 
ator qualification tests as determined by the commissioner. 



§28-407.3 Fitness to perform work. As a condition of license 
renewal, a licensed welder shall provide evidence satisfactory 
to the department that such licensee is fit to perform the work. 

§28-407.4 Insurance exemption. Unless otherwise required 
by rule, licensed welders are exempt from the insurance 
requirements of section 28-401.9. 



ARTICLE 408 
MASTER PLUMBER LICENSE 

§28-408.1 Master plumber license required. It shall be 
unlawful for any person: 

1. To perform plumbing work unless such person is a 
licensed master plumber or working under the direct and 
continuing supervision of a licensed master plumber 
except that a city employee who holds a master plumber 
license may only perform replacement, maintenance and 
repair plumbing work on existing buildings in the course 
of his or her employment. 

2. To use the title licensed master plumber, master plumber 
or any other title in such manner as to convey the impres- 
sion that such person is a licensed master plumber unless 
such person is licensed as such in accordance with the 
provisions of this article. 

§28-408.2 Seal. All documents that are required to be filed 
with any department or agency of the city of New York shall 
bear the stamp of the seal as well as the signature of the 
licensee. The licensed master plumber performing the work 
and services shall personally sign and seal all applications and 
other documents required to be filed pursuant to this code. 

§28-408.3 Additional qualifications. Applicants for a master 
plumber license shall have the following additional qualifica- 
tions: 

§28-408.3.1 Experience. All applicants for a master 
plumber license shall submit satisfactory proof establishing 
that the applicant: 

1 . Has had at least seven years total experience within 
the 10 years prior to application in the design and 
installation of plumbing systems under the direct and 
continuing supervision of a licensed master plumber 
in the United States, with at least two years of such 
experience as a registered journeyman plumber in 
accordance with the provisions of article 409, except 
that during the three years immediately following the 
effective date of this code there shall be no require- 
ment for such registered journeyman plumber experi- 
ence; 

2. Has received a bachelor's degree in engineering or 
appropriate engineering technology from an accred- 
ited college or university and has had at least five 
years total experience within the seven years prior to 
application in the design and installation of plumbing 
systems under the direct and continuing supervision 
of a licensed master plumber in the United States, 
where at least two years of such experience were in 
New York city; 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



3. Is an architect or engineer with at least three years of 
experience within the five years prior to application in 
the design and installation of plumbing systems under 
the direct and continuing supervision of a licensed 
master plumber in the United States, where at least 
one year of such experience was in New York city; or 

4. Has had at least seven years total experience within 
the 10 years prior to application, with at least two 
years of such experience working in the design and 
installation of plumbing systems under the direct and 
continuing supervision of a licensed master plumber 
in the United States. The balance of such required 
experience may be obtained by performing mainte- 
nance, replacement and repair plumbing work on 
existing buildings while in the employ of a city 
agency under the direct and continuing supervision of 
a licensed master plumber supervisor employed by 
the city agency. Three years after the effective date of 
this code the two years experience in the design and 
installation of plumbing systems set forth above may 
only be satisfied by working as a registered journey- 
man plumber. 

5. An employee of a government agency, private 
inspection agency or other entity, acceptable to the 
commissioner, whose duties primarily involve the 
inspection of plumbing work for compliance with the 
New York city plumbing code and/or other laws relat- 
ing to the installation, alteration or repair of plumbing 
systems shall be credited with fifty percent (50%) of 
the number of years that he or she has been satisfacto- 
rily employed in such duties within the ten (10) year 
period prior to application, which, however, in no 
event, shall exceed two and one-half (2V 2 ) years 
credit of satisfactory experience. The balance of the 
required seven years must have been obtained by 
working in the design and installation of plumbing 
systems under the direct and continuing supervision 
of a licensed master plumber in the United States 
except that the requirement of paragraph 1 of this sec- 
tion 28-408.3.1 that an applicant's working experi- 
ence must have been within the ten (10) year period 
prior to application shall not apply to such balance of 
the work experience required pursuant to this para- 
graph. 

§28-4083.2 Armed services. Applicants who were 
engaged in plumbing work as above provided prior to enter- 
ing the armed services of the United States shall be permit- 
ted to credit their time in the service as experience in the 
plumbing business, as above provided; but such service 
credit shall not exceed one-third of the time required for 
experience. 

§28-408.4 Certificate of competence and license, plate 
and/or seaL The commissioner shall issue a certificate of com- 
petence, license, plate, and/or seal, in accordance with the fol- 
lowing: 

§28-408.4.1 Certificate of competence. A certificate of 
competence shall be issued by the commissioner to an appli- 
cant who satisfactorily complies with the experience and 



examination requirements of this chapter for a license, upon 
payment of the fee. Such certificate shall contain the full 
name of the individual and a certificate number, the date of 
issuance, and shall be signed by the commissioner. 

§28-408.4.2 Effect of issuance. The issuance of a certifi- 
cate of competence shall constitute evidence that the person 
named therein is qualified upon payment of applicable fees 
to obtain a plate and seal while the certificate is valid except 
that a city employee while in the employ of the city shall 
only be entitled to obtain a seal 

§28-408.4.3 Plate and/or seal required. The holder of a 
certificate shall not be entitled to perform work or hold him- 
self or herself out to perform work as a licensed master 
plumber until such plate and/or seal have been obtained. 
Further, no holder of a certificate of competence shall enter 
into any contractual agreement to install or alter any plumb- 
ing, gas piping, or any piping system, other than an employ- 
ment agreement with a master plumber business or a city 
agency. 

§28-408.4.4 Effect of failure to obtain plate and/or seal. 

If a holder of a certificate of competence has held the certifi- 
cate for five years without a plate and/or seal, then the com- 
missioner may require said person to submit an affidavit and 
supporting documentation satisfactory to the department 
stating that over the five-year period the individual has been 
engaged in the design and installation of plumbing systems 
in the United States under the direct and continuing supervi- 
sion of a licensed master plumber. If the holder's qualifica- 
tions are not satisfactory to the commissioner, the 
commissioner may require such person to submit to reex- 
amination or to provide evidence of retained proficiency. In 
addition, additional fees will be due as set forth in this chap- 
ter. 

§28-408.4.5 Requirement for obtaining plate and /or 
seal. A holder of a certificate of competence shall obtain: 

1. A license, plate and seal upon establishing a master 
plumbing business conforming to the requirements of 
this article and rules promulgated by the department; 
or 

2. A license and seal upon demonstrating employment 
with a city agency. The license shall clearly state: 
'The bearer of this master plumber license is a gov- 
ernment employee and as such is not authorized to 
engage in plumbing contract work outside of his/her 
government employment and within such govern- 
ment employment shall only engage in maintenance, 
replacement and repair plumbing work on existing 
buildings." No plate shall be issued to a licensed mas- 
ter plumber employed by a city agency. 

§28-408.4.6 Issuance. A certificate of competence or a 
license, plate, and/or seal as a master plumber shall be 
issued only to an individual. 

§28-408.4.7 Duplication prohibited. Not more than one 
license, plate and/or seal shall be issued to an individual and 
no individual shall make or cause to be made a duplicate of 
such license, plate or seal. 



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§28-408.5 Surrender of license, plate or seal. Upon the death 
or the retirement of a licensed master plumber, or upon the sur- 
render, revocation or suspension of his or her license, his or her 
license, plate and/or seal shall immediately be surrendered to 
the commissioner. Nothing contained herein shall be construed 
to prevent the legal representative of a deceased licensee, with 
the consent of the commissioner, from retaining such plate and 
seal for the purpose of completing all unfinished work of the 
deceased licensee for which plans have been approved and a 
permit issued, provided such work is performed by or under the 
direct and continuing supervision of a licensed master plumber 
and is completed within one year from the date of the death of 
the original licensee. 

§28-408.6 Master plumber business. No individual, corpora- 
tion, partnership or other business association shall conduct a 
plumbing contracting business in the city of New York, or 
employ the name ''plumber" or "plumbing" in its business 
name unless such business is a master plumber business as fol- 
lows: 

1 . No less than 5 1 percent of the control and voting capital 
stock of such entity is owned by one or more individuals 
who are licensed master plumbers, except as otherwise 
provided; 

2. All plumbing or gas piping work performed by such 
entity is performed by or under the direct and continuing 
supervision of such licensed master plumber; 

3. The person in charge of such work is such licensed mas- 
ter plumber; and 

4. The persons actually performing such work are in the 
direct employ of such master plumber business as autho- 
rized by the code. 

Exception: A company, corporation, partnership or 
other business association or its predecessor that was 
engaged in plumbing work prior to January 25, 1990 
may continue to do so in any one or more of such busi- 
ness forms without complying with the foregoing, if 
(i) application was made to the department prior to 
July 25, 1990, and (ii) necessary evidence was fur- 
nished on or prior to January 25, 1991, that such com- 
pany, corporation, partnership or other business 
association or its predecessor had employed an aver- 
age of ten or more journeymen plumbers doing 
plumbing work for at least five days a week for a 
period of 10 years or more out of the twenty years pre- 
ceding July 25, 1990, provided, that such plumbing 
business continues to have all plumbing work con- 
ducted under the management and direct and continu- 
ing supervision of a licensed master plumber in the 
direct employ of such plumbing business and that 
such licensed master plumber is not otherwise inter- 
ested in, associated with or employed by any other 
plumbing business operating in this city except as a 
joint venture in which such master plumber's 
employer is one of the joint venturers. 

§28-408.6.1 Use. Nothing herein contained shall be con- 
strued to prohibit the use of a master plumber license by the 
holder thereof for or on behalf of a partnership, corporation 
or other business association provided that such partner- 



ship, corporation or other business is a master plumber 
business. 

§28-408.6.2 Identification. All business vehicles, advertis- 
ing, websites and stationery used in connection with a mas- 
ter plumber business shall display prominently the full 
name of the licensee, the words "N.Y.C. licensed plumber," 
the licensee's number and the licensee's business address. If 
the business is conducted under a trade name, or by a part- 
nership or corporation, the trade name, partnership or cor- 
porate name shall be placed immediately above the full 
name or names of the licensed master plumber or licensed 
master plumbers to whom the plates were issued. 

§28-408.6.3 Withdrawal of license. If a licensed master 
plumber withdraws from a master plumbing business oper- 
ating pursuant to such individual's license, the right of the 
business to perform plumbing work shall lapse if the provi- 
sions of this section 28-408.6 are no longer satisfied. If a 
licensed master plumber's license is revoked or suspended, 
such licensee will be deemed withdrawn from such busi- 
ness. 

§28-408.6.4 Ownership limitations. An individual who is 
a licensed master plumber whose interest or ownership in a 
master plumber business constitutes any portion of the 51 
percent interest or control required by this section 28-408.6 
shall be prohibited from possessing an interest or ownership 
in more than one other master plumber business at his or her 
established place of business, where such interest or owner- 
ship would constitute any portion of the 5 1 percent interest 
or control required by this section 28-408.6. Both master 
plumber businesses in which the individual who is a 
licensed master plumber has an interest shall be located at 
the same place of business. For the purposes of this section 
28-408.6, where two or more individuals who are licensed 
master plumbers possess an interest or ownership in any 
master plumber business which together represents more 
than 5 1 percent of the interest or control of such entity, all of 
such licensees shall be deemed to possess a portion of the 5 1 
percent interest or control required by this section 28-408.6. 

§28-408.6.5 Joint ventures. Nothing contained in this sec- 
tion 28-408.6 shall be construed to prevent a master 
plumber business from entering into a joint venture of lim- 
ited duration for a particular project with another master 
plumber business. The terms of a joint venture must be in 
writing, and documentation of the joint venture must be 
submitted to the department for approval prior to the initia- 
tion of work under such venture. 

§28-408.6.6 Supervision. The master plumber shall con- 
duct his or her business to provide direct and continuing 
supervision in accordance with the provisions of this code. 

Exception: The provisions of this section 28-408.6.6 
shall not apply to minor alterations or ordinary repairs, as 
defined in this code, or to the installation or alteration of 
gas service piping and gas meter piping, including 
meters, valves, regulators or related equipment, when 
such work is to be performed, serviced and maintained 
by utility corporations subject to the jurisdiction of the 
New York state public service commission. 



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ARTICLE 409 
JOURNEYMAN PLUMBER REGISTRATION 

§28-409.1 Journeyman plumber registration; additional 
qualifications. Upon satisfactory completion of a New York 
State-recognized training program or affirmation of an appli- 
cant's qualifications by an employer licensed master plumber 
or, in the case of a city agency, a supervising licensed master 
plumber and upon written stipulation of same by the applicant, 
the commissioner shall register an applicant as journeyman 
plumber. Such qualifications shall reflect a progressive under- 
standing, proficiency and competence in the plumbing trade, 
including: 

1. A working familiarity with the plumbing code and tech- 
nical standards and the ability to apply the code require- 
ments correctly; 

2. The application of basic plumbing theory and the utiliza- 
tion of trade skills on the job site; 

3. A working knowledge of the tools of the trade and the 
ability to utilize them properly; and 

4. An ability to draft simple diagrams and interpret from 
drawings for the purpose of the plumbing work in which 
the applicant is engaged. 

§28-409.2 Experience. The applicant for journeyman plumber 
registration shall have a minimum of five years of full-time 
experience in the performance of plumbing work under the 
direct and continuing supervision of a licensed master plumber 
or equivalent, where at least one year of such experience shall 
have been in New York city. 

§28-409.3 Registration need not be renewed. The registra- 
tion for journeyman plumber shall have no expiration and shall 
not require renewal or re-issuance. 

§28-409.4 Registration card. The registration card shall 
clearly state: "This registration is NOT A LICENSE, and the 
holder is NOT AUTHORIZED TO PERFORM PLUMBING 
WORK in New York city except under the direct and continu- 
ing supervision of a licensed master plumber." 



ARTICLE 410 

MASTER FIRE SUPPRESSION PIPING 

CONTRACTOR LICENSE 

§28-410.1 Master fire suppression piping contractor 
license required. It shall be unlawful for any person: 

1. To perform fire suppression piping work unless such 
person is a licensed master fire suppression piping con- 
tractor or working under the direct and continuing super- 
vision of a licensed master fire suppression piping 
contractor except that a city employee who holds a 
license may only perform replacement, maintenance and 
repair fire suppression piping work on existing buildings 
in the course of his or her employment. 

2. To use the title licensed master fire suppression piping 
contractor, master fire suppression piping contractor or 
any other title in such manner as to convey the impres- 
sion that such person is a licensed master fire suppres- 



sion piping contractor unless such person is licensed as 
such in accordance with the provisions of this article. 

§28-410.2 Seal. All documents that are required to be filed 
with any department or agency of the city of New York shall 
bear the stamp of the seal as well as the signature of the 
licensee. The licensed master fire suppression piping contrac- 
tor performing the work and services shall personally sign and 
seal all applications and other documents required to be filed 
pursuant to the code. 

§28-410.3 Classification. There shall be three classes of 
licenses for master fire suppression piping contractor: 

1 . Class A. The holder of a class A master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraphs 1 and 2 of the defi- 
nition of fire suppression piping system in section 
28-401.3. 

2. Class B. The holder of a class B master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraph 1 of the definition of 
fire suppression piping system in section 28-401.3. 

3. Class C. The holder of a class C master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraph 2 of the definition of 
fire suppression piping system in section 28-401.3. 

§28-410.4 Additional qualifications. Applicants for a master 
fire suppression piping contractor license shall have the fol- 
lowing additional qualifications: 

§28-410.4.1 Experience. All applicants for a master fire 
suppression piping contractor license shall submit satisfac- 
tory proof establishing that the applicant: 

1. Has had at least seven years total experience within 
the 10 years prior to application in the design and 
installation of fire suppression piping systems under 
the direct and continuing supervision of a licensed 
master fire suppression piping contractor in the 
United States with the class of license for which appli- 
cation is made, with at least two years of such experi- 
ence as a registered journeyman fire suppression 
piping installer in accordance with the provisions of 
article 411, except that during the three years immedi- 
ately following the effective date of this code there 
shall be no requirement for such registered journey- 
man fire suppression piping installer experience; 

2. Has received a bachelor's degree in engineering or 
appropriate engineering technology from an accred- 
ited college or university and has had at least five 
years total experience within the seven years prior to 
application in the design and installation of fire sup- 
pression piping systems under the direct and continu- 
ing supervision of a licensed master fire suppression 
piping contractor in the United States for the class of 
license for which application is made, at least two of 
which were in New York city; 



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3. Is an architect or engineer with at least three years of 
experience within the five years prior to application in 
the design and installation of fire suppression piping 
systems in the United States for the class of license for 
which application is made, where at least one year of 
such experience was in New York city; or 

4. Has had at least seven years total experience within 
the 10 years prior to application, with at least two 
years of such experience working in the design and 
installation of fire suppression piping systems under 
the direct and continuing supervision of a licensed 
master fire suppression piping contractor in the 
United States with the class of license for which appli- 
cation is made. The balance of such required experi- 
ence may be obtained by performing maintenance, 
replacement and repair of fire suppression piping 
work on existing buildings while in the employ of a 
city agency under the direct and continuing supervi- 
sion of a licensed master fire suppression piping con- 
tractor supervisor employed by the city agency with 
the class of license for which application is made. 
Three years after the effective date of this article the 
two years of experience in the design and installation 
of fire suppression piping systems set forth above 
may only be satisfied by working as a registered jour- 
neyman fire suppression piping installer. 

5. An employee of a government agency, private 
inspection agency or other entity, acceptable to the 
commissioner, whose duties primarily involve the 
inspection of plumbing work for compliance with this 
the New York city plumbing code and/or other laws 
relating to the installation, alteration or repair of fire 
suppression piping systems shall be credited with 
fifty percent (50%) of the number of years that he or 
she has been satisfactorily employed in such duties 
within the ten (10) year period prior to application, 
which, however, in no event, shall exceed two and 
one-half (2Vi) years credit of satisfactory experience. 
The balance of the required seven years must have 
been obtained by working in the design and installa- 
tion of fire suppression piping systems under the 
direct and continuing supervision of a licensed fire 
suppression piping contractor in the United States 
except that the requirement of paragraph 1 of this sec- 
tion 28-410.4.1 that an applicant's working experi- 
ence must have been within the ten (10) year period 
prior to application shall not apply to such balance of 
the work experience required pursuant to this para- 
graph. 

§28-410.4.2 Armed services. Applicants who were 
engaged in fire suppression piping work prior to entering 
the armed services of the United States shall be permitted to 
credit their time in the service as experience in the fire sup- 
pression piping business, as above provided; but such ser- 
vice credit shall not exceed one-third of the time required 
for experience. 

§28-410.5 Certificate of competence and license, plate 
and/or seal. The commissioner shall issue a certificate of com- 



petence, license, plate and/or seal in accordance with the 
following: 

§28-410.5.1 Certificate of competence. A certificate of 
competence shall be issued by the commissioner to an appli- 
cant who satisfactorily complies with the experience and 
examination requirements of this article for a license, upon 
payment of the fee. Such certificate shall contain the full 
name of the individual and a certificate number, and shall be 
signed by the commissioner. 

§28-410.5.2 Effect of issuance. The issuance of a certifi- 
cate of competence shall constitute evidence that the person 
named therein is qualified upon payment of applicable fees 
to obtain a plate and seal while the certificate is valid except 
that a city employee while in the employ of the city shall 
only be entitled to obtain a seal. 

§28-410.5.3 Plate and/or seal required. The holder of a 
certificate of competence shall not be entitled to perform 
work or hold himself or herself out to perform work as a 
licensed master fire suppression piping contractor until such 
plate and/or seal have been obtained. Further, no holder of a 
certificate of competence shall enter into any contractual 
agreement to install or alter any fire suppression piping sys- 
tem other than an employment agreement with a master fire 
suppression piping business or a city agency. 

§28-410.5.4 Failure to obtain plate and/or seal. If a holder 
of a certificate of competence has held the certificate for five 
years without a plate and/or seal, then the commissioner 
may require said person to submit an affidavit and support- 
ing documentation satisfactory to the department stating 
that over the five-year period the individual has been 
engaged in the design and installation of fire suppression 
piping systems in the United States under the direct and con- 
tinuing supervision of a licensed master fire suppression 
piping contractor. If the holder's qualifications are not satis- 
factory to the commissioner, the commissioner may require 
such person to submit to reexamination or to provide evi- 
dence of retained proficiency. In addition, additional fees 
will be due as set forth in this chapter. 

§28-410.5.5 License plate and/or seal. A holder of a certif- 
icate of competence or an applicant who has satisfied all 
requirements for a master fire suppression piping contractor 
license shall obtain: 

1. A license, plate and seal upon establishing a fire sup- 
pression piping contracting business conforming to 
the requirements of this article and any rules promul- 
gated by the department; or 

2. A license and seal upon demonstrating employment 
with a city agency. The license shall clearly state: 
"The bearer of this master fire suppression piping 
contractor license is a government employee and as 
such is not authorized to engage in fire suppression 
piping contract work outside of his/her government 
employment and within such government employ- 
ment shall only engage in maintenance, replacement 
and repair fire suppression piping work on existing 
buildings." No plate shall be issued to a licensed mas- 



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ter fire suppression piping contractor employed by a 
city agency. 

§28-410.5.6 Issuance. A certificate of competence or a 
license, plate and/or seal as a master fire suppression piping 
contractor shall be issued only to an individual. 

§28-410.5.7 Duplication prohibited. Not more than one 
license, plate and/or seal shall be issued to an individual, and 
no individual shall make or cause to be made a duplicate of 
such license, plate or seal. 

§28-410.6 Waiver of examinations. Any license issued with- 
out examination pursuant to an application filed prior to July 
25, 1990 pursuant to the provisions of law in effect prior to the 
effective date of this code that has not lapsed as of the effective 
date of this code, shall be renewable pursuant to the provisions 
of this code. 

§28-410.7 Surrender of license, plate and/or seal. Upon the 
death or the retirement of a licensed master fire suppression 
piping contractor, or upon the surrender, revocation or suspen- 
sion of his or her license, his or her license, plate and seal shall 
immediately be surrendered to the commissioner. Nothing 
contained herein shall be construed to prevent the legal repre- 
sentative of a deceased licensee, with the consent of the com- 
missioner, from retaining such plate and seal for the purpose of 
completing all unfinished work of such deceased licensee for 
which plans have been approved and a permit issued, provided 
such work is performed by or under the direct and continuing 
supervision of a licensed master fire suppression piping con- 
tractor and is completed within one year from the date of the 
death of the original licensee. 

§28-410.8 Master fire suppression piping contractor busi- 
ness required. No individual, corporation, partnership or other 
business association shall conduct a fire suppression piping 
contracting business in the city of New York, or employ the 
name "fire suppression piping" in its business name, unless the 
business is a master fire suppression business as follows: 

1. No less than 51 percent of the control and voting capital 
stock of such entity is owned by one or more individuals 
who are licensed master fire suppression piping contrac- 
tors, except as otherwise provided; and 

2. AH fire suppression piping work performed by such 
entity is performed by or under the direct and continuing 
supervision of such licensed master fire suppression pip- 
ing contractor; 

3. The person in charge of such work is such licensed mas- 
ter fire suppression piping contractor; and 

4. The persons actually performing such work are in the 
direct employ of such master fire suppression piping 
contractor business as authorized by the code. 

Exception: A company, corporation, partnership or 
other business association or its predecessor that was 
engaged in fire suppression piping contractor work 
prior to January 25, 1990 may continue to do so in any 
one or more of such business forms without comply- 
ing with the foregoing, if (i) application was made to 
the department prior to July 25, 1990, and (ii) neces- 
sary evidence was furnished on or prior to January 25 , 



1991, that such company, corporation, partnership or 
other business association or its predecessor had 
employed an average of 10 or more journeymen doing 
fire suppression piping contractor work for at least 
five days a week for a period of ten years or more out 
of the 20 years preceding July 25, 1990, provided, that 
such business continues to have all fire suppression 
piping contractor work conducted under the manage- 
ment and direct and continuing supervision of a 
licensed master fire suppression contractor in the 
direct employ of such business and that such licensed 
master fire suppression contractor is not otherwise 
interested in, associated with or employed by any 
other licensed master fire suppression contracting 
business operating in this city except as a joint venture 
in which such licensed master fire suppression con- 
tractor's employer is one of the joint venturers. 

§28-410.8.1 Use. Nothing herein contained shall be con- 
strued to prohibit the use of a master fire suppression piping 
contractor license by the holder thereof for or on behalf of a 
partnership, corporation or other business association pro- 
vided that such partnership, corporation or other business is 
a master fire suppression piping contractor business. 

§28-410.8.2 Identification. All business vehicles, advertis- 
ing, websites and stationery used in connection with a mas- 
ter fire suppression piping contractor business shall display 
prominently the full name of the licensee, the words 
"N. Y.C. licensed fire suppression piping contractor - class 
A, B or C," the licensee's number and the licensee's business 
address. If the business is conducted under a trade name, or 
by a partnership or corporation, the trade name, partnership 
or corporate name shall be placed immediately above the 
full name or names of the licensed master fire suppression 
piping contractor or licensed master fire suppression piping 
contractors to whom the plates were issued. 

§28-410.8.3 Withdrawal of licensee. If a licensed master 
fire suppression piping contractor withdraws from a master 
fire suppression piping contractor business operating pursu- 
ant to such individual's license, the right of the business to 
perform fire suppression piping work shall lapse if the pro- 
visions of this article are no longer satisfied. If a licensed 
master fire suppression piping contractor's license is 
revoked or suspended, such licensee will be deemed with- 
drawn from such business. 

§28-410.8.4 Ownership limitations. An individual who is 
a licensed master fire suppression piping contractor whose 
interest or ownership in a master fire suppression piping 
contractor business constitutes any portion of the 5 1 percent 
interest or control required by this section 28-410.8 shall be 
prohibited from possessing an interest or ownership in more 
than one other fire suppression piping contractor business at 
his or her established place of business where such interest 
or ownership would constitute any portion of the 51 percent 
interest or control required by this section 28-410.8. Both 
fire suppression piping contractor businesses in which the 
individual who is a licensed master fire suppression piping 
contractor has an interest shall be located at the same place 
of business. For the purposes of this section 28-410.8, 
where two or more individuals who are licensed master fire 



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suppression piping contractors possess an interest or owner- 
ship in any master fire suppression piping contractor busi- 
ness which together represents more than fifty-one percent 
of the interest or control of such entity, all of such licensees 
shall be deemed to possess a portion of the 5 1 percent inter- 
est or control required by this section 28-410.8. 

§28-410.8*5 Joint ventures. Nothing contained in this sec- 
tion 28-410.8 shall be construed to prevent a master fire sup- 
pression piping contractor business from entering into a 
joint venture of limited duration for a particular project with 
another master fire suppression piping contractor business. 
The terms of a joint venture must be in writing, and docu- 
mentation of the joint venture must be submitted to the 
department for approval prior to the initiation of work under 
such venture. 

§28-410.8.6 Supervision. The master fire suppression pip- 
ing contractor shall conduct his or her business to provide 
direct and continuing supervision in accordance with the 
provisions of this article. 

Exception: The provisions of this section 28-410.8.6 
shall not apply to minor alterations or ordinary repairs, as 
defined in this code, and/or to maintenance of a fire sup- 
pression piping system. 



ARTICLE 411 

JOURNEYMAN FIRE SUPPRESSION PIPING 

INSTALLER REGISTRATION 

§28-411.1 Journeyman fire suppression piping installer 
registration; additional qualifications. Upon satisfactory 
completion of a New York state-recognized training program 
or affirmation of an applicant's qualifications by an employer 
licensed master fire suppression piping contractor or, in the 
case of a city agency, a supervising licensed master fire sup- 
pression piping contractor and upon written stipulation of same 
by the applicant, the commissioner shall register an applicant 
as journeyman fire suppression piping installer. Such qualifica- 
tions shall reflect a progressive understanding, proficiency and 
competence in the fire suppression piping trade, including: 

1 . A working familiarity with the code and technical stan- 
dards with regard to fire suppression piping, and the abil- 
ity to apply the code requirements correctly; 

2. The application of basic fire suppression theory and the 
utilization of trade skills on the job site; 

3. A working knowledge of the tools of the trade and the 
ability to utilize them properly; and 

4. An ability to draft simple diagrams and interpret from 
drawings for the purpose of the fire suppression piping 
work in which the applicant is engaged. 

§28-411.2 Experience. The applicant for journeyman fire sup- 
pression piping installer registration shall have a minimum of 
five years of full-time experience in the performance of fire 
suppression piping work under the direct and continuing super- 
vision of a licensed master fire suppression piping contractor or 
equivalent, where at least one year of such experience shall 
have been in New York city. 



§28-411.3 No required expiration, renewal or reissuance. 
The registration for journeyman fire suppression piping 
installer shall have no expiration and shall not require renewal 
or reissuance. 

§28-411.4 Required statement. The registration shall clearly 
state: 'This registration is NOT A LICENSE, and the holder is 
NOT AUTHORIZED TO PERFORM FIRE SUPPRESSION 
PIPING WORK in New York city except under the direct and 
continuing supervision of a Licensed Master Fire Suppression 
Piping Contractor." 



ARTICLE 412 
OIL-BURiNG EQUIPMENT INSTALLER LICENSE 

§28-412.1 Oil-burning equipment installer license 

required. It shall be unlawful to install oil-burning equipment 
in the city unless such work is performed by or under the direct 
and continuing supervision of a person licensed as an oil-burn- 
ing equipment installer under the provisions of this article. 

§28-412.2 Classifications. Oil-burning equipment installer 
licenses shall be classified as follows: 

1. Class A oil-burning equipment installer license. 
Licenses the holder thereof to install any type of 
oil-burning equipment, as an independent contractor 
with full responsibility for the manner in which the work 
is done, and for the material and equipment used, and for 
the control and direct and continuing supervision of the 
persons employed on the work. Such equipment shall 
include but not be limited to burners, boilers and genera- 
tors. 

2. Class B oil-burning equipment installer license. 

Licenses the holder thereof to install oil-burning equip- 
ment for the use of domestic fuel oils from number one 
fuel oil to and including number four fuel oil, as an inde- 
pendent contractor with full responsibility for the man- 
ner in which the work is done, for the materials and 
equipment used, and for the control and direct and con- 
tinuing supervision of the persons employed on the 
work. 

§28-412.3 Qualifications. Applicants for an oil-burning 
equipment installer license shall have the qualifications set 
forth in sections 28-412.3.1 through 28-412.3.2. 

§28-412.3.1 Experience for Class A license. All applicants 
for a class A oil-burning equipment installer license shall 
submit satisfactory proof establishing that the applicant has 
had at least four years practical experience within the seven 
years prior to application in the installation of oil-burning 
equipment under the direct and continuing supervision of a 
Class A-licensed oil -burning equipment installer in the city, 
including at least one year experience in the installation of 
oil-burning equipment for the use of number five and num- 
ber six fuel oils. 

§28-412.3.2 Experience for Class B license. All applicants 
for a class B oil-burning equipment installer license shall 
submit satisfactory proof establishing that the applicant has 
had at least three years practical experience within the five 
years prior to application in the installation of oil-burning 



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equipment under the direct and continuing supervision of a 
licensed oil-burning equipment installer in the city. 

§28-412.4 Fitness to perform work. As a condition of license 
renewal, a licensed oil burning equipment installer shall pro- 
vide evidence satisfactory to the department that such licensee 
is fit to perform the work. 



ARTICLE 413 

HIGH-PRESSURE BOILER 

OPERATING ENGINEER LICENSE 

§28-413.1 High-pressure boiler operating engineer license 
required. It shall be unlawful to operate any high-pressure 
steam boiler for any purpose whatsoever, in the city of New 
York or in connection with any vessel on the waters in and 
around the city not subject to the jurisdiction of the United 
States, unless such boiler is operated by or under the direct and 
continuing supervision and in the presence of a person having a 
high-pressure boiler operating engineer license under the pro- 
visions of this article. 

§28-413.2 Qualifications. Applicants for a high-pressure 
boiler operating engineer license shall present satisfactory 
proof that: 

1. Applicant was employed as a fireman, oiler, general 
assistant, journeyman, boiler-maker or machinist under 
the direct and continuing supervision of a licensed 
high-pressure boiler operating engineer in the city for a 
period of not less than five years within the seven year 
period preceding the date of the application; however, in 
lieu of the experience requirement contained in this para- 
graph, an applicant for a high-pressure boiler operating 
engineer license who is employed in a fossil fuel produc- 
tion plant located in the Rockaway Peninsula area of 
Queens county may submit satisfactory proof establish- 
ing that the applicant has obtained at least five years 
experience within the seven years preceding the date of 
the application which shall include at least two years of 
experience obtained during employment under the direct 
and continuing supervision of a licensed high-pressure 
boiler operating engineer in a steam generating plant 
located outside of the city of New York but within the 
state of New York that is owned and operated by a 
licensed public utility company, and shall also include a 
separate period of at least three years of experience 
obtained during employment as a fireman, oiler, general 
assistant, journeyman, boiler-maker or any comparable 
position as approved by the commissioner, in such steam 
generating plant; 

2. Applicant received a degree in mechanical engineering 
from an accredited school or college and had one year 
experience in the operation and maintenance of 
high-pressure boilers under the direct and continuing 
supervision of a licensed high-pressure boiler operating 
engineer in the city within the two year period preceding 
the date of the application; 

3 . Applicant has held, for a minimum of four years, a certif- 
icate as an engineer issued by a board of examining engi- 
neers duly established and qualified pursuant to the laws 



of the United States or any state or territory thereof, or a 
certificate as a marine engineer issued by the United 
States Coast Guard, and a minimum of one year experi- 
ence in the city in the operation and maintenance of sta- 
tionary high-pressure boiler plants under the direct and 
continuing supervision of a licensed high-pressure boiler 
operating engineer within the seven years preceding the 
date of the application, provided that the applicant shall 
have filed with such application a signed statement that 
the applicant is the person named in said certificate 
together with the supporting signed statements by three 
licensed high-pressure boiler operating engineers 
employed in the city of New York at the time of making 
of such signed statements; 

4. Applicant exercised direct and continuing supervision, 
care, operation and maintenance over a steam generating 
plant of a governmental building, having boilers of 150 
or more horsepower, for a minimum of five years and 
had a minimum of one year of experience on high-pres- 
sure boilers under the direct and continuing supervision 
of a licensed high-pressure boiler operating engineer in 
the city within the seven year period preceding the date 
of the application; or 

5. Applicant successfully completed a New York state 
approved apprenticeship training program of at least two 
years and had at least three years experience within the 
seven years preceding the date of the application in the 
operation and maintenance of high-pressure boilers in 
the city under the direct and continuing supervision of a 
licensed high-pressure boiler operating engineer. 

§28-413.3 Fitness to perform work. As a condition of license 
renewal, a licensed high-pressure boiler operating engineer 
shall provide evidence satisfactory to the department that such 
licensee is fit to perform the work. 



ARTICLE 414 

PORTABLE HIGH-PRESSURE BOILER OPERATING 

ENGINEER LICENSE 

§28-414.1 Portable high-pressure boiler operating engi- 
neer license required. It shall be unlawful to operate a portable 
high-pressure steam boiler for any purpose whatsoever in the 
city of New York unless such boiler is operated by or under the 
direct and continuing supervision and in the presence of a per- 
son licensed as a portable high-pressure boiler operating engi- 
neer. 

§28-414.2 Qualifications. Applicants for a portable 
high-pressure boiler operating engineer license shall present 
satisfactory proof that applicant held a basic license as a hoist- 
ing machine operator as provided in this chapter for a minimum 
of three years within the five year period preceding the date of 
the application; and served as a fireman, oiler, assistant engi- 
neer or engineer on portable high-pressure boilers for a mini- 
mum of three years within the seven year period preceding the 
date of the application at least one year on portable high pres- 
sure boilers within the city under the direct and continuing 
supervision of a licensed portable high-pressure boiler operat- 
ing engineer. 



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§28-4143 Fitness to perform work. As a condition of license 
renewal, a licensed portable high-pressure boiler operating 
engineer shall provide evidence satisfactory to the department 
that such licensee is fit to perform the work. 



ARTICLE 415 
SIGN HANGER LICENSE 

§28-415.1 Sign hanger license required. It shall be unlawful 
to hoist or lower or to hang or attach any sign upon or on the 
outside of any building in the city unless such work is per- 
formed by or under the direct and continuing supervision of a 
person licensed as a sign hanger under the provisions of this 
article. 

§28-415.2 Exemptions. The provisions of this article shall not 
apply to the following: 

1 . Signs not exceeding 75 square feet (7 m 2 ) in area, mea- 
sured on one face only, nor exceeding 25 pounds (1 1 kg) 
in weight; 

2. Signs supported directly on the ground; or 

3. Directional signs; or 

4. Temporary signs erected during the construction or 
alteration of a building and related to such work; or 

5. The erection or placing of any signs by employees of the 
city, any city department or other city agency. 

§28-415.3 Classification. Such licenses shall be classified as 
follows: 

1. Master sign hanger license. Authorizes the holder 
thereof to hoist or lower or to hang or attach any sign, 
irrespective of weight, upon or on the outside of any 
building. 

2. Special sign hanger license. Authorizes the holder 
thereof to hoist or lower or to hang or attach any sign not 
exceeding one hundred fifty square feet in area, mea- 
sured on one face only, nor exceeding one thousand two 
hundred pounds in weight, upon or on the outside of any 
building. 

§28-415,4 Additional qualifications. Applicants for a sign 
hanger license shall have the additional qualifications set forth 
in sections 28-415.4.1 through 28-415.4.2. 

§28-415.4.1 Master sign hanger qualifications. All appli- 
cants for a master sign hanger license shall submit satisfac- 
tory proof establishing that the applicant has had at least five 
years practical experience in sign hanging within the seven 
years preceding the date of the license application under the 
direct and continuing supervision of a licensed master sign 
hanger; and the applicant shall also have a knowledge of and 
ability to read plans and specifications relating to sign con- 
struction and erection, including supporting framework and 
other supports, and a knowledge of the problems and prac- 
tices of sign construction and hanging and be familiar with 
the equipment and tools used in sign hanging. 

§28-415.4.2 Special sign hanger qualifications. AH appli- 
cants for a special sign hanger license shall submit satisfac- 
tory proof establishing that the applicant has had at least 



three years practical experience in sign hanging within the 
five years preceding the date of the license application under 
the direct and continuing supervision of a licensed sign 
hanger; and the applicant shall also have a knowledge and 
ability to read plans and specifications relating to sign con- 
struction and erection, including supporting framework and 
other supports, and a knowledge of the problems and prac- 
tices of sign construction and hanging and be familiar with 
the equipment and tools used in sign hanging. 

§28-415.5 Additional requirements. The additional require- 
ments set forth in sections 28-415.5. 1 through 28-415.5.2 shall 
apply to sign hangers: 

§28-415.5.1 Danger warning. Every licensed sign hanger 
shall, while sign hanging operations are in progress at a job 
site, place conspicuously at such job site two plates or signs 
not less than 18 inches (457 mm) by 24 inches (610 mm) in 
size (i) displaying the word "danger" in letters not less than 
6 inches (152 mm) high, and (ii) disclosing the sign hanger's 
name, business address, type of license and license number. 

§28-415.5.2 Sign hanger place of business. Every licensed 
sign hanger shall have a place of business within the city and 
shall display prominently at such place of business a plate or 
sign marked with the words "sign hanger" and the license 
number immediately thereunder. 

§28-415.6 Fitness to perform work. As a condition of license 
renewal, a licensed sign hanger shall provide evidence satisfac- 
tory to the department that such licensee is fit to perform the 
work. 



ARTICLE 416 

FILING REPRESENTATIVE REGISTRATION 

§28-416.1 Filing representative registration required. No 
person shall use the term "registered filing representative" or 
"filing representative" or any similar representation in such 
manner as to convey the impression that such person is a regis- 
tered filing representative in accordance with the provisions of 
this article; nor shall any person present, submit, furnish or 
seek approval of applications or construction documents, or 
remove any documents from the possession of the department, 
without first having registered with the department such per- 
son's name, address and company affiliation on a form to be 
furnished by the department. 

§28-416.2 Exemptions. The following persons are exempt 
from the provisions of this article: 

1 . The owners of the premises for which the building appli- 
cations are filed including, in the case of partnerships or 
corporations, the general partners or the principal offi- 
cers of the corporation, where the principal officers of a 
corporation shall include the president, vice presidents, 
secretary and treasurer; 

2. The lessees of such premises authorized by the owner to 
file building applications; 

3. Condominium unit owners authorized by the condomin- 
ium board of managers to file building applications; 

4. Cooperative shareholders authorized by the cooperative 
board of directors to file building applications; 



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5. Architects; 

6. Engineers; 

7. Attorneys admitted to practice in New York state; 

8. Master plumbers licensed pursuant to this chapter; 

9. Master fire suppression piping contractors licensed 
pursuant to this chapter; and 

1 . Master electricians licensed pursuant to subchapter one 
of chapter 3 of title 27 of the administrative code. 

§28-416.3 Rules. The commissioner shall promulgate rules for 
the proper and efficient administration and enforcement of this 
article. Unless required by rule, a registered filing representa- 
tive shall not be required to take an examination or to complete 
continuing education courses as a condition for renewal of the 
registration. 



ARTICLE 417 
BOARDS 

§28-417.1 Plumbing and fire suppression piping contractor 
license board. The commissioner shall appoint annually and 
may remove in his or her discretion each member of a plumb- 
ing and fire suppression piping contractor license board that 
shall have as its purpose the following: 

1 . To advise the commissioner regarding the character and 
fitness of applicants for certificates of competence and 
licenses who have passed the required examination. 

2. To advise the commissioner regarding allegations of ille- 
gal practices on the part of licensed master plumbers, 
licensed master fire suppression piping contractors, mas- 
ter plumber businesses or master fire suppression piping 
businesses. 

3. To advise the commissioner regarding plumbing and fire 
suppression piping practices, code applications, regula- 
tions and legislation. 

4. To perform such other responsibilities as may be 
requested by the commissioner and as set forth in rules 
promulgated by the department. 

§28-417.1.1 Removal. The commissioner may remove any 
member of the license board and shall fill any vacancy 
therein. 

§28-417.1.2 Membership. Membership of the board shall 
consist of: 

1 . Two officers or employees of the department; 

2. Five licensed master plumbers, three of whom shall 
be selected from nominees of the New York city 
contracting plumbing association whose members 
perform the largest dollar value of work within the 
city and one of whom shall be the holder of a class A 
or class B master fire suppression piping contractor 
license. The two remaining licensed master plumber 
board member positions shall be from the next larg- 
est plumbing association in the city of New York. 

3. Two licensed master fire suppression piping con- 
tractors, both of whom shall hold a class A license 



and shall be selected from nominees of the New 
York city sprinkler/fire suppression piping contrac- 
tors association whose members perform the largest 
dollar value of work within the city; 

4. A registered journeyman plumber from the organi- 
zation representing the largest number of registered 
journeyman plumbers; 

5. A registered journeyman fire suppression piping 
installer from the organization representing the larg- 
est number of registered journeyman fire suppres- 
sion piping installers; 

6. An engineer having at least five years experience in 
the design of plumbing systems; 

7. An architect; 

8. An engineer who is a full member of the society of 
fire protection engineers; 

9. Two officers or employees of the fire department 
representing the fire commissioner; and 

10. A real estate owner or manager or representative 
thereof. 

§28-417.1.3 Organization of the board. A member of the 
board who is an officer or employee of the department rep- 
resenting the commissioner shall serve as chairperson and 
all members shall serve without compensation. Nine mem- 
bers including the chairperson, who shall be entitled to vote, 
shall constitute a quorum of the board for the transaction of 
business. All actions shall be conducted by majority vote 
except as otherwise provided, and the board shall keep min- 
utes of its proceedings and records of its investigations. The 
board shall meet at least once a month except during the 
months of July and August, and at such other times upon call 
of the chairperson. 

§28-417.1.4 Advisory and support personnel. The board 
may request the commissioner to appoint duly authorized 
representatives to conduct investigations and other activities 
incidental to the functions of the license board. Such 
appointees shall be non-voting members of the committee 
to which they are appointed, and may include personnel 
who are not department employees who shall serve without 
compensation. In addition the commissioner may designate 
such employees of the department as the commissioner 
deems necessary to the service and support of the license 
board. 



ARTICLE 418 
GENERAL CONTRACTOR REGISTRATION 

§28-418.1 Requirement of registration. On and after Novem- 
ber 1, 2008 shall be unlawful for a person to conduct business 
as a general contractor unless such person holds a general con- 
tractor registration in accordance with the provisions of this 
article. 

§28-418.1.1 Expiration of registration. A general con- 
tractor registration shall expire on the second anniversary of 
such registration or such other date as determined by the 



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commissioner by rule so as to distribute the expiration dates 
of the registrations evenly over the course of a year. 

§28-418.2 Unlawful use of general contractor title. On and 

after November 1, 2008 shall be unlawful to use or cause to be 
used the title registered general contractor or any other title in a 
manner as to convey the impression that an individual, corpora- 
tion, partnership or other business entity, or any person it 
employs, is a registered general contractor, unless such individ- 
ual, corporation, partnership or other business entity is regis- 
tered in accordance with the provisions of this article. 

§28-4183 Application requirements. An application for a 
general contractor registration or renewal shall be made in writ- 
ing to the commissioner on a form provided by the department 
and shall be accompanied by the following: 

1. If the applicant is an individual: the applicant's full 
name, residence address, business address and busi- 
ness telephone number; 

2. If the applicant is a corporation: 

2.1. The corporate name, address and telephone num- 
ber of the applicant' s principal office or place of 
business; 

2.2. The date and state of incorporation; 

2.3. The name, residence address and residence tele- 
phone number of all corporate officers and regis- 
tered agents and any person owning an interest of 
ten percent or more in the corporation; 

2.4. Proof that the corporation is in good standing 
under the laws of the state of New York; 

3. If the applicant is a partnership: 

3.1. The name, address and telephone number of the 
applicant' s principal office or place of business; 

3.2. The name, residence address and residence tele- 
phone number of all partners; 

4. The registration fee; 

5. A verified statement that the applicant is financially 
solvent; 

6. The name and address of the principal location from 
which the applicant has engaged in the business of gen- 
eral contracting at any time within the last five years; 

7. If the applicant is not a sole proprietor, proof that the 
applicant is authorized to do business in the state of 
New York; 

8. Proof of insurance as required by section 28-401 .9; 

9. The name and address of the officer, principal or direc- 
tor of the applicant who is primarily responsible for the 
registrant's compliance with the requirements of this 
code or any rule adopted thereunder; 

10. Any other information that the commissioner may 
require. 

§28-418.3.1 Financial solvency. For the purposes of this 
article, financial solvency shall mean that the applicant's 
operating capital shall exceed twenty-five thousand dollars. 



§28-418.4 Warranties. A warranty shall be provided to the 
buyer of a new one-, two- or three-family structure that accords 
with the provisions of article thirty-six-B of the New York state 
general business law, including the following: 

1. One year from and after the warranty date the home will 
be free from defects due to a failure to have been con- 
structed in a skillful manner; 

2. Two years from and after the warranty date the plumb- 
ing, electrical, heating, cooling and ventilation systems 
of the home will be free from defects due to a failure by 
the builder to have installed such systems in a skillful 
manner; and 

3. Six years from and after the warranty date the home will 
be free from material defects, including, but not limited 
to, any construction that is not in compliance with the 
building code or the zoning resolution of the city of New 
York. 

§28-418.4.1 Modification prohibited. Except as otherwise 
provided in section seven hundred seventy-seven-b of such 
article thirty-six-B, no such warranty shall be modified or 
excluded in any way. 

§28-418.5 Duties and responsibilities. The general contractor 
shall comply with sections 28-418.5.1 through 28-418.5.3. 

§28-418.5.1 Subcontractor information. The general 
contractor shall be responsible for providing information to 
the department about his or her subcontractors and the par- 
ticular work they perform on jobs for which the department 
has issued permits to the general contractor. Such informa- 
tion shall be provided in a format and at the times specified 
in the rules of the department. 

§28-418.5.2 Technical reports. The general contractor 
shall maintain at the work site such technical reports as 
specified in the rules of the department and shall make such 
reports available to department personnel on request. 

§28-418.5.3 Notice of pending disciplinary actions. The 

general contractor shall notify all of its suppliers of any 
pending suspension or revocation actions against such gen- 
eral contractor and shall provide an affidavit to the depart- 
ment stating that this notification has been made. 

§28-418.6 Posting of disciplinary actions. The names of all 
general contractors whose registration was suspended or 
revoked after an OATH decision shall be posted on the depart- 
ment's website. 



ARTICLE 419 
SEIZURE AND FORFEITURE 

§28-419.1 General. On and after November 1, 2008 vehicles 
and tools used in connection with unlicensed or unregistered 
activity at the work site of a new residential structure contain- 
ing no more than three dwelling units shall be subject to seizure 
and forfeiture. 

§28-419.2 Definitions. For purposes of this article, the follow- 
ing terms shall have the following meanings. 

1. The term "owner" as applied to vehicles shall mean an 
owner as defined in section one hundred twenty-eight 



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and in subdivision three of section three hundred 
eighty-eight of the vehicle and traffic law. 

2. The term "security interest" as applied to vehicles shall 
mean a security interest as defined in subdivision k of 
section two thousand one hundred one of the vehicle and 
traffic law. 

3. The term "unlicensed activity" shall mean the conduct of 
any activity at a work site for the construction of a resi- 
dential structure containing no more than three dwelling 
units without a license for which a license is required 
under any law, rule or regulation enforced by the com- 
missioner of buildings, and the term "unregistered activ- 
ity" shall mean the conduct of any activity at a work site 
for the construction of a residential structure containing 
no more than three dwelling units without a registration 
for which a registration is required under any law or reg- 
ulation enforced by the commissioner of buildings. 

§28-419.3 Seizure procedure. The following provisions shall 
govern seizure of vehicles and tools pursuant to this article. 

§28-419.3.1 Seizure. Any police officer or authorized offi- 
cer or authorized employee of the department may seize any 
vehicle and any tools contained therein that such police offi- 
cer or authorized officer or authorized employee has reason- 
able cause to believe is being used in connection with 
unlicensed or unregistered activity, upon service on the 
owner or operator of the vehicle of a notice of violation for 
engaging in such activity. Any vehicle and tools seized pur- 
suant to this section shall be delivered into the custody of the 
department or other appropriate agency. 

§28-419.3.2 Written demand. The owner or operator of 
the vehicle and/or tools may make a written demand for a 
hearing for the return of the seized property. Notice of the 
right to a hearing shall be provided to the operator at the time 
of seizure of the vehicle and/or tools, and a copy of such 
notice shall be sent by mail to the registered and/or title 
owner of the vehicle, if other than the operator, and to the 
owner of the tools if other than the owner or operator of the 
vehicle and if reasonably ascertainable, within five business 
days of the seizure. The department shall schedule the hear- 
ing at the office of administrative trials and hearings 
(OATH) or its successor agency, as applicable, for a date 
within ten business days after receipt of the demand and 
shall notify the operator and the owner(s) of the opportunity 
to participate in the hearing and the date thereof. 

§28-419.3.3 Claimant. A claimant seeking release of the 
vehicle and tools at the hearing may be either the person 
from whom the vehicle and tools were seized, if that person 
was in lawful possession of the vehicle and tools, or the 
owner if different from such person. 

§28-419.3.4 Determination. The OATH judge shall issue a 
determination within five business days after the conclusion 
of the hearing. 

§28-419.3.5 Return pending hearing. The department 
shall establish a procedure whereby an owner or operator 
who wishes to have the vehicle and/or tools returned pend- 
ing the hearing shall post a bond in an amount determined 
by the department, but in no event less than an amount suffi- 



cient to cover any applicable removal and storage fees as 
well as fines and penalties. 

§28-419.3.6 Return without hearing. The department 
shall establish a procedure whereby an owner or operator 
may request the return of the vehicle and/or tools without a 
hearing if such owner or operator: 

1 . Establishes that the vehicle and/or tools were seized 
in error, or 

2. Immediately applies for licensure or registration pur- 
suant to the applicable provisions of this code and 
pays an amount not to exceed removal and storage 
fees and any fines or penalties that could have been 
imposed under the provisions of this code. 

Where the owner or operator establishes that the vehicle 
and/or tools were seized in error, the department shall expe- 
ditiously return such vehicle and/or tools. 

§28-419.4 Abandoned property. Any vehicle and/or tools for 
which a written demand for return of the vehicle and/or tools or 
for a hearing pursuant to section 28-419.3.2 has not been made 
within thirty days of service of the notice of violation on the 
operator of the vehicle and/or tools or within thirty days of ser- 
vice of the notice of violation on the owner of the vehicle and/or 
tools if the owner is not the operator of the vehicle and/or tools 
shall be deemed abandoned and shall be disposed of by the 
department pursuant to applicable law. 

§28-419.5 Combined hearings. The department may choose 
to have the underlying violation adjudicated before the office 
of administrative trials and hearings in accordance with sec- 
tions 28- 419.5.1 through 28- 419.5.3. 

§28-419.5.1 Combined hearing and determination. 

Upon notice to the respondent, the department may choose 
to have the violation underlying the seizure returnable to 
and heard at OATH and may combine the hearing on the 
underlying violation with the hearing for the return of the 
seized property. At such combined hearing the OATH judge 
shall make a determination as to both and may impose any 
penalty that could be imposed in a proceeding before the 
environmental control board for the underlying violation. 
The OATH judge shall issue a determination within five 
business days after the conclusion of the hearing. 

§28-419.5.2 Release following finding of no violaiton. If 

the OATH judge finds that the vehicle and/or tools were not 
used in connection with unlicensed or unregistered activity, 
the department shall promptly release such vehicle and/or 
tools. 

§28-419.5.3 Release following finding of violation. If the 

OATH judge finds that the vehicle and/or tools were used in 
connection with unlicensed or unregistered activity, the 
department may release such vehicle and/or tools upon pay- 
ment of all applicable fines and civil penalties and all rea- 
sonable costs of removal and storage, or may commence a 
forfeiture action within twenty business days after the date 
of the judge's determination. 

§28-419.6 Separate hearings. In the event that the adjudica- 
tion of the violation underlying the seizure is not held at OATH, 
and a determination is made that the vehicle and tools were not 



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used in connection with unlicensed or unregistered activity, the 
department shall promptly release such vehicle and/or tools. 

§28-419.7 Forfeiture procedure. The following provisions 
shall govern forfeiture of vehicles and tools pursuant to this 
article. 

§28-419.7.1 Commencement of forfeiture. A forfeiture 
action pursuant to this article shall be commenced by the fil- 
ing of a summons with a notice or a summons and complaint 
in accordance with the civil practice law and rules. Such 
summons with notice or a summons and complaint shall be 
served in accordance with the civil practice law and rules on 
the vehicle operator, the owner of the tools, if different from 
the vehicle operator, and owner of the vehicle, and on all 
owners of the subject vehicle listed in the records main- 
tained by the department of motor vehicles, or for vehicles 
not registered in the state of New York, in the records main- 
tained by the state of registration. Except as otherwise pro- 
vided in this article, a vehicle and/or tools that are the 
subject of such action shall remain in the custody of the 
department or other appropriate agency pending the final 
determination of the forfeiture action. 

§28-419.7.2 Notice of forfeiture. Notice of the institution 
of the forfeiture action shall be given by certified mail to all 
persons holding a security interest in such vehicle or tools, if 
known, if such security interest in the vehicle has been filed 
with the department of motor vehicles pursuant to the provi- 
sions of title ten of the vehicle and traffic law, at the address 
set forth in the records of such department, or, for vehicles 
not registered in the state of New York, all persons holding a 
security interest in such vehicle if such security interest has 
been filed with the state of registration and which persons 
are made known by such state to the department, at the 
address provided by such state of registration. 

§28-419.7.3 Security interest. Any person with a security 
interest in such vehicle or tools who receives notice of the 
institution of the forfeiture action who claims an interest in 
such vehicle or tools subject to forfeiture may assert a claim 
in such action for satisfaction of such person's security 
interest in such vehicle or tools. 

§28-419.7.4 Forfeiture subject to security interest. For- 
feiture shall be made subject to the interest of a person who 
claims an interest in the vehicle or tools, where such person 
establishes that: 

1 . The use of the vehicle or tools for the conduct that was 
the basis for the seizure of the vehicle and tools 
occurred without the knowledge of such person, or if 
such person had knowledge of such use, that such per- 
son did not consent to such use by doing all that could 
reasonably have been done to prevent such use, and 
that such person did not knowingly obtain such inter- 
est in the vehicle or tools in order to avoid the forfei- 
ture of such vehicle or tools, or 

2. The conduct that was the basis for such seizure was 
committed by any person other than such person 
claiming an interest in the vehicle or tools, while such 
property was unlawfully in the possession of a person 
who acquired possession thereof in violation of the 
criminal laws of the United States or any state. 



§28-419.7.5 Disposition. The department or agency having 
custody of the vehicle and tools, after judicial determination 
of forfeiture, shall, at its discretion, either (i) retain such 
vehicle and tools for the official use of the city; or (ii) by 
public notice of at least five days, sell such forfeited vehicle 
and tools at public sale. The net proceeds of any such sale 
shall be paid into the general fund of the city. 

§28-419.7.6 Amount of award. In any forfeiture action 
commenced pursuant to this article, where the court awards 
a sum of money to one or more persons in satisfaction of 
such person's interest in the forfeited vehicle and tools, the 
total amount awarded to satisfy such interest or interests 
shall not exceed the amount of the net proceeds of the sale of 
the forfeited vehicle and tools after deduction of the lawful 
expenses incurred by the city, including reasonable costs of 
removal and storage of the vehicle and tools between the 
time of seizure and the date of sale. 



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CHAPTER 5 

MISCELLANEOUS PROVISIONS 



ARTICLE 501 
MAINTENANCE PERMIT FOR OUTDOOR SIGNS 

§28-501.1 Permit required. The commissioner may, in his or 
her discretion, when necessary in the public interest, establish a 
permit requirement for signs maintained in the areas described 
in this article in accordance with the provisions of this article 
and the rules of the department. On and after a date to be pro- 
vided by the rules establishing such a permit requirement, and 
subject to the provisions of section 28-501.6 of this code, it 
shall be unlawful to place or maintain a sign, as defined in sec- 
tion 12-10 of the zoning resolution, on any building or pre- 
mises unless a permit for the maintenance of such sign has been 
issued by the department pursuant to this article if such sign is 
within a distance of nine hundred linear feet from and within 
view of an arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an 
area of one half acre or more. 

§28-501.1.1 Other permits notwithstanding. Where a 
sign maintenance permit has been established by the com- 
missioner pursuant to section 28-501 . 1 such permit shall be 
required for all signs maintained in the areas described in 
such section 28-501.1 and not otherwise excluded under 
section 28-501.6, whether or not a work permit is required 
and/or has been issued for the installation, alteration or erec- 
tion of such sign pursuant to chapter 1 of this title. 

§28-501.1.2 Arterial highway. For the purposes of this 
article, the term arterial highway shall include all highways 
that are shown on the master plan of arterial highways and 
major streets as principal routes parkways or toll crossings 
and that have been designated by the city planning commis- 
sion as arterial highways to which the provisions of sections 
42-55 and 32-66 of the zoning resolution shall apply as 
shown in appendix C of the zoning resolution. 

§28-501.2 Application. Application for a permit or for the 
renewal of a permit shall be made on forms to be furnished by 
the department and shall contain such information as the 
department shall prescribe. Except as otherwise provided in 
section 28-501.3, a permit shall remain in effect for a period to 
be determined by rule and may be renewed. The fee for a permit 
or for its renewal shall be established by rule. The identification 
number of the permit shall be displayed on the sign or on the 
building or premises on which the sign is located or both, in a 
manner to be provided by rule. 

§28-501.3 Permit expiration. A permit issued pursuant to this 
article shall expire and be of no further force or effect where: 

1 . In the case of a sign which is accessory to a principal use 
within the meaning of section 12-10 of the zoning resolu- 
tion, there has been a discontinuance of the operation of 
the principal use to which such sign is accessory, or in the 
event the sign is no longer in the same ownership as such 
principal use or is no longer operated and maintained 



substantially for the benefit or convenience of the own- 
ers, occupants, employees, customers or visitors of the 
principal use; 

2. In the case of any sign for which a permit has been issued 
pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12-10 of the 
zoning resolution, there has been a change in copy which 
the commissioner has determined renders such sign no 
longer in compliance with the zoning resolution. The 
commissioner shall prescribe by rule procedures for the 
notification to the department concerning changes in 
copy which have been made on signs for which permits 
have been issued under this article. Nothing herein shall 
be construed as limiting the ability of any person to apply 
for a new permit pursuant to this article. 

§28-501.4 Civil penalties. Any person who places or main- 
tains a sign on a building or premises without an appropriate 
permit in violation of this article shall be liable for a civil pen- 
alty of, for a first violation, not more than fifteen thousand dol- 
lars and, for a second or subsequent violation, not more than 
twenty-five thousand dollars. Each day's continuance shall be a 
separate and distinct violation. Such civil penalties may be 
recovered in an action in any court of appropriate jurisdiction 
or in a proceeding before the environmental control board. 
Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding the provisions of 
section six hundred sixty-six of the charter, a notice of violation 
issued by the department pursuant to this section 28-501 .4 shall 
not be subject to review by the board of standards and appeals . 

§28-501.5 Construction. This chapter shall not be construed 
to grant the right to place or maintain a sign on any building or 
premises where the placement or maintenance of such sign 
would otherwise be prohibited pursuant to the zoning resolu- 
tion, the administrative code or any other provision of law. No 
permit for a sign issued hereunder shall be deemed to constitute 
permission or authorization to maintain a sign which is unlaw- 
ful pursuant to any other provisions of law nor shall any permit 
issued hereunder constitute a defense in an action or proceed- 
ing with respect to such an unlawful sign. 

§28-501.6 Exemption. The provisions of this article shall not 
apply to: 

1. Signs with a surface area of 200 square feet (19 m 2 ) or 
less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the 
sign is located; and 

2. Signs under the control of an outdoor advertising com- 
pany and included on a certified list of signs, sign struc- 
tures, and sign locations under the control of such 
company required to be filed with the department pursu- 
ant to this chapter. 



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ARTICLE 502 
OUTDOOR ADVERTISING COMPANIES 

§28-502.1 Definitions. As used in this chapter, the following 
terms shall have the following meanings: 

AFFILIATE. An outdoor advertising company having a con- 
trolling interest in another outdoor advertising company or in 
which such other outdoor advertising company has a control- 
ling interest. In addition, where a person or entity has control- 
ling interests in two or more outdoor advertising companies, 
such outdoor advertising companies shall be considered affili- 
ates of each other. A "controlling interest" means actual work- 
ing control, in whatever manner exercised, including without 
limitation, control through ownership, management, debt 
instruments or negative control, as the case may be, as defined 
in rules of the department. 

OUTDOOR ADVERTISING COMPANY. A person, corpo- 
ration, partnership or other business entity that as a part of the 
regular conduct of its business engages in or, by way of adver- 
tising, promotions or other methods, holds itself out as engag- 
ing in the outdoor advertising business. 

OUTDOOR ADVERTISING BUSINESS. The business of 
selling, leasing, marketing, managing, or otherwise either 
directly or indirectly making space on signs situated on build- 
ings and premises within the city of New York available to oth- 
ers for advertising purposes, whether such advertising directs 
attention to a business, profession, commodity, service or 
entertainment conducted, sold, or offered on the same or a dif- 
ferent zoning lot and whether such sign is classified as an 
advertising sign pursuant to section 1 2- 1 of the zoning resolu- 
tion. 

SIGN. A sign as defined in section 12-10 of the zoning resolu- 
tion except that such term shall not include any sign subject to 
regulation by the department of transportation. 

SIGN LOCATION. A building or premises on which an out- 
door advertising company is entitled to sell, lease, market, 
manage or otherwise either directly or indirectly make space on 
signs available to customers, irrespective of whether a sign 
exists on such building or premises, 

UNDER THE CONTROL OF AN OUTDOOR ADVER- 
TISING COMPANY in reference to a sign, sign structure, or 
sign location. That space on such sign, sign structure, or at such 
sign location that is sold, leased, marketed, managed or other- 
wise either directly or indirectly made available to others for 
any purposes by such outdoor advertising company. 

§28-502.2 Registration of outdoor advertising companies. 
On and after a date to be provided by rule, it shall be unlawful 
for an outdoor advertising company to engage in the outdoor 
advertising business or, by way of advertising, promotions or 
other methods, hold itself out as engaging in the outdoor adver- 
tising business unless such company is registered in accor- 
dance with this code and the rules of the department. Such rules 
shall establish a procedure pursuant to which the department 
may require the single registration of an outdoor advertising 
company and its affiliates. An outdoor advertising company 
and its affiliates made subject to single registration shall be 
considered a single outdoor advertising company for purposes 
of this code. 



§28-502.2.1 Application. Application for registration or 
the renewal of registration shall be made on forms to be fur- 
nished by the department, may be made through electronic 
means, and shall contain such information as the depart- 
ment shall prescribe. Registration shall remain in force for 
two years and may be renewed. The fee for such registration 
and for the renewal of such registration shall be established 
by rule and may be based on the number of signs in the regis- 
tered inventory. 

§28-502.2.2 Security. Each outdoor advertising company 
shall post a bond or provide another form of security to the 
city in an amount to be determined by the department by 
rule to cover: 

1 . All costs incurred by the city pursuant to this code for 
painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign 
structure under the control of such outdoor advertis- 
ing company; and 

2. AH fines or civil penalties imposed against such com- 
pany pursuant to this chapter. 

§28-502.3 Revocation or suspension or registration. The 

department may revoke, suspend or refuse to renew the regis- 
tration of an outdoor advertising company or impose fines or 
other penalties where it is determined by the commissioner, 
after notice and the opportunity to be heard, that (i) such com- 
pany has made statements that it knew or should have known 
are false in any application or certification filed with the depart- 
ment, (ii) such company has failed to comply with section 
28-502.3 of this code or the rules adopted pursuant to its provi- 
sions by failing to file a listing of signs, sign structures and sign 
locations under its control as specified in such section within 
the time and in the manner required by department rules or by 
filing an incomplete listing of signs, sign structures and sign 
locations under its control as specified in such section, (iii) 
such company has been found liable for or has admitted to vio- 
lations of the zoning resolution under section 28-502.5 of this 
code committed on three or more occasions within a 36 month 
period, where such violations relate to the erection, mainte- 
nance, attachment, affixing, painting or representation in any 
other manner on a building or premises of advertising signs, as 
defined in section 12-10 of the zoning resolution, at locations 
where the display of such advertising signs is not permitted 
under the zoning resolution or at locations where the display of 
such advertising signs violates the size, height, or illumination 
provisions of the zoning resolution, and such signs are located 
within a distance of nine hundred linear feet from and within 
view of an arterial highway or within 200 linear feet (60 960 
mm) from and within view of a public park with an area of one 
half acre or more, (iv) such company has failed to pay any civil 
penalties imposed or amounts owed to the city pursuant to sec- 
tion 28-502.5 of this code or, (v) such company has violated the 
department's rules pertaining to outdoor advertising compa- 
nies. No application for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by 
the department for a period of five years after revocation of or 
the refusal to renew the registration of such outdoor advertising 
company pursuant to this code. The department shall not 
accept or process any applications for permits to install, erect or 
alter signs pursuant to this code or for the maintenance of signs 



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MISCELLANEOUS PROVISIONS 



pursuant to section 28-501.1 of this code where such applica- 
tions are filed by or where such signs are under the control of an 
outdoor advertising company or any affiliate thereof after the 
registration of such outdoor advertising company has been 
revoked or not renewed or during the term of any period of sus- 
pension of such registration. The commissioner may settle any 
proceeding in which the revocation, suspension or renewal of 
an outdoor advertising company's registration is at issue upon 
such terms and conditions as he or she may deem appropriate 
including but not limited to the agreement of an outdoor adver- 
tising company to remove signs along with supporting sign 
structures as a condition for the dismissal of such proceeding. 

§28-502.4 Reporting requirement. An outdoor advertising 
company shall provide the department with a list with the loca- 
tion of signs, sign structures and sign locations under the con- 
trol of such outdoor advertising company in accordance with 
the following provisions: 

1 . The list shall include all signs, sign structures and sign 
locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or 
(ii) within a distance of 200 linear feet (60 960 mm) from 
and within view of a public park with an area of V 2 acre 
(5000 m) or more. 

2. The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign 
structures and sign locations, as specified in such rule. 

§28-502.4.1 Form of list. The list shall be in such form, 
containing such information and filed at such periodic inter- 
vals or upon such other conditions, as the department shall 
prescribe by rule. 

§28-502.4.2 Other required information. Such list shall 
also indicate the work permit identification numbers for the 
erection, alteration or installation of such signs pursuant to 
chapter 1 of this title and for the maintenance of such signs 
pursuant to article 501, unless a permit is not required pur- 
suant to such provisions, as well as the name and license 
number of the master or special sign hanger who hung or 
erected each such sign. 

§28-502.4.3 Certification of list. Such list shall be accom- 
panied by (i) a certification by an architect or engineer, 
co-signed by a responsible officer of the outdoor advertising 
company, that all signs reported on such list are in compli- 
ance with the zoning resolution; (ii) copies of proof that the 
sign complies with the zoning resolution and a certification 
by the sign's owner that to the best of the certifier's knowl- 
edge and belief the information provided is accurate, or (iii) 
a written opinion by the department, stating that the sign to 
which the opinion refers complies with the zoning resolu- 
tion. Notwithstanding any inconsistent provision of this 
code, where, in accordance with the department's rules, the 
department renders an opinion, determination or decision 
relating to whether a sign is non-conforming or whether it is 
located in proximity to an arterial highway as defined by the 
zoning resolution, such decision, determination or opinion 
will be appealable to the board of standards and appeals in 
accordance with applicable law. If a timely appeal to such 
board is taken, the department shall not issue a notice of vio- 



lation with respect to such sign pending a determination of 
such appeal by such board. 

§28-502.4.4 Public access to list. The commissioner shall 
make all listings filed pursuant to this article accessible to 
the public. 

§28-502.5 Display of name and registration number of out- 
door advertising company. On and after a date to be pre- 
scribed by rule, the commissioner shall require that each 
outdoor advertising company display, in a manner to be pro- 
vided by rule, on each sign under its control or on the building 
or premises where each sign under its control is located or both, 
(i) the name and registration number of such company and, (ii) 
unless a permit is not required, the work permit identification 
number for the installation, alteration or erection of the sign 
pursuant to chapter 1 of this code and, if applicable, for the 
maintenance of the sign pursuant to article 501. 

§28-502.6 Criminal and civil penalties. Outdoor advertising 
companies that violate the zoning resolution, this code, the 
1968 building code or rules of the department shall be subject 
to criminal and civil penalties in accordance with this article. 

§28-502.6.1 General. Notwithstanding any other provision 
of law, an outdoor advertising company shall be liable for a 
civil penalty in accordance with this article if a sign under its 
control has been erected, maintained, attached, affixed, 
painted on, or in any other manner represented on a building 
or premises in violation of any provision of the zoning reso- 
lution, this code, the 1968 building code or rules adopted 
pursuant thereto relating to signs. 

§28-502.6.2 Unlawful for outdoor advertising company 
to sell space on illegal sign. It shall be unlawful for an out- 
door advertising company to sell, lease, market, manage or 
otherwise make available to others for advertising purposes 
space on a sign that has been erected, maintained, attached, 
affixed, painted on or in any other manner represented on a 
building or premises in violation of any provision of the 
zoning resolution, this code, the 1968 building code or rules 
adopted pursuant thereto or to enter into any agreement for 
such purpose. 

§28-502.6.3 Unlawful to transfer sign to unregistered 
outdoor advertising company. On and after a date to be 
provided by rule, it shall be unlawful for an outdoor adver- 
tising company to sell or otherwise transfer control of a sign 
or sign location or of any right of such company to sell, 
lease, market, manage or otherwise make space on a sign or 
at a sign location available to others for advertising purposes 
to an outdoor advertising company that is not registered in 
accordance with this article and the rules of the department. 

§28-502.6.4 Civil penalty. An outdoor advertising com- 
pany that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more 
than fifteen thousand dollars and, for a second or subse- 
quent violation, not more than twenty-five thousand dollars. 
Each day's continuance shall be a separate and distinct vio- 
lation. 

§28-502.6.5 Criminal penalty. Notwithstanding any 
inconsistent provision of law, an outdoor advertising com- 
pany shall, upon being found guilty, be subject to fines or 



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A-79 



MISCELLANEOUS PROVISIONS 



imprisonment or both pursuant to this code if a sign under its 
control has been erected, maintained, attached, affixed, 
painted on, or in any other manner represented on a building 
or premises in violation of any provision of the zoning reso- 
lution, this code, the 1968 building code or rules adopted 
pursuant thereto relating to signs. 

§28-502.6.6 Activity by unregistered company. On and 

after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business 
or, by way of advertisement, promotion or other methods 
holds itself out as engaging in the outdoor advertising busi- 
ness without registering with the department pursuant to 
this chapter, or, after such registration has been revoked or 
not renewed pursuant to this code continues to engage in 
such business beyond a date specified by the commissioner 
in his or her determination to revoke or not renew, shall be 
guilty of a misdemeanor subject to a fine not to exceed five 
thousand dollars or a sentence of imprisonment of not more 
than one year or both such fine and imprisonment for each 
offense. In the case of a continuing violation each day's con- 
tinuance shall be a separate and distinct violation. Such 
company shall also be liable for a civil penalty of, for a first 
violation, not more than fifteen thousand dollars and, for a 
second or subsequent violation, not more than twenty-five 
thousand dollars. Each day's continuance shall be a separate 
and distinct violation. 

§28-502.6.7 Venue. Civil penalties may be recovered in an 
action in any court of appropriate jurisdiction or in a pro- 
ceeding before the environmental control board. Such board 
shall have the power to impose the civil penalties provided 
for in this article. Notwithstanding the provisions of section 
six hundred sixty -six of the charter, a notice of violation 
issued by the department pursuant to this article shall not be 
subject to review by the board of standards and appeals. 

§28-502.7 Signs under control of unregistered outdoor 
advertising company are public nuisance. On and after a 
date to be provided by rule, it shall be unlawful to erect, main- 
tain, attach, affix, paint on, or in any other manner represent on 
a building or premises any sign that is under the control of an 
unregistered outdoor advertising company. In addition to or as 
an alternative to any other remedies or penalties provided under 
any other provision of law, the commissioner may commence a 
proceeding for the removal of such sign or its sign structure or 
both in accordance with the procedures set forth in this code for 
the abatement of a nuisance and any such sign and its sign 
structure is hereby declared to be a public nuisance pursuant 
thereto. All of the provisions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that 
a sign under the control of an unregistered outdoor advertising 
company may be removed whether or not it is in compliance 
with the zoning resolution, this code, the 1968 building code or 
rules adopted pursuant thereto, and irrespective of whether it 
has a surface area greater than 200 square feet (19 m 2 ). 

§28-502.8 Franchise or concession disqualification. Not- 
withstanding any other provision of law to the contrary, an out- 
door advertising company, or any affiliate thereof, that has 
been found guilty of a misdemeanor or liable for a civil penalty 
pursuant to this article or whose registration has been revoked 
shall be considered ineligible for the award of any city fran- 



chise or concession, and shall be prohibited from administer- 
ing any advertising program on behalf of a city franchisee or 
concessionaire, for a period of five years following judgment 
or decision. 

§28-502.9 Investigations. The department may investigate 
any matter within the jurisdiction conferred by this chapter and 
shall have full power to compel the attendance, examine and 
take testimony under oath of such persons as it may deem nec- 
essary in relation to such investigation, and to require the pro- 
duction of books, accounts, papers and other evidence relevant 
to such investigation. The department of investigation may, at 
the request of the commissioner, assist the department in any 
investigation conducted pursuant to this article. 



ARTICLE 503 
NUISANCE ABATEMENT FOR ILLEGAL SIGNS 

§28-503.1 General. A sign with a surface area greater than 200 
square feet (19 m 2 ) that is erected, maintained, attached, 
affixed, painted on, or in any other manner represented on a 
building or premises in violation of the zoning resolution, this 
code, the 1968 building code or rules adopted pursuant thereto 
is hereby declared to be a public nuisance. The commissioner 
may, after notice and hearing, order the removal of such illegal 
sign or its sign structure or both, as hereinafter provided. 

§28-503.2 Notice. The commissioner shall serve a notice of 
hearing with regard to the proposed nuisance abatement on the 
owner and mortgagee of record of the building or premises and 
other persons having a recorded interest in the property in the 
manner provided in article 212 of chapter 2 of this title for the 
service of an order of closure. If the sign is under the control of 
an outdoor advertising company and an address for such com- 
pany is reasonably ascertainable, the notice shall also be served 
on such outdoor advertising company by mail to the last known 
address for such company or, if such company is registered in 
accordance with section 28-502.2, at the address provided to 
the department by the registrant. 

§28-503.3 Hearing. The office of administrative trials and 
hearings shall conduct the hearing. The administrative law 
judge assigned to hear the matter shall submit his or her pro- 
posed findings of fact and recommended disposition to the 
commissioner. If based on such recommended disposition, 
proposed findings of fact and the record of the hearing the com- 
missioner determines (i) that the sign has a surface area greater 
than 200 square feet (19 m 2 ) and, (ii) that the sign has been 
erected, maintained, attached, affixed, painted on, or in any 
other manner represented on the building or premises in viola- 
tion of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto, he or she may order the 
removal of the illegal sign or its sign structure or both. 

§28-503.3.1 Lack of knowledge no defense. At such hear- 
ing it shall not be a defense that an owner or other person 
having an interest in the property lacked knowledge of or 
did not participate in the erection or maintenance of the ille- 
gal sign. 

§28-503.4 Posting of order. The commissioner's order of 
removal shall be posted, mailed and filed in the manner pro- 
vided in this code for an order of closure. 



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MISCELLANEOUS PROVISIONS 



§28-503.5 Enforcement of order. On or after the tenth busi- 
ness day after the posting of such order and upon the written 
directive of the commissioner, police officers and authorized 
representatives of the department shall act upon and enforce 
such order by removing, covering, painting over or otherwise 
rendering ineffective the illegal sign or its sign structure or 
both. Such work shall at all times be performed by a licensed 
sign hanger where required by law. Nothing in this article shall 
be construed to prohibit an owner or other person having an 
interest in the property from removing or causing the removal 
of an illegal sign or its sign structure prior to the arrival of such 
enforcement officers. On and after the posting of such removal 
order, no further permits for signs shall be issued for such 
building or premises pursuant to this code and, if the sign struc- 
ture is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds 
such order. 

§28-503.6 Rescission of order. The commissioner may 
rescind the order if the owner or other person having an interest 
in the building or premises provides assurance in a form satis- 
factory to the commissioner that all signs erected or maintained 
at such building or premises will be in compliance with the 
zoning resolution, this code, the 1968 building code or rules 
adopted pursuant to such provisions. If such order is rescinded, 
the commissioner shall, upon request of such owner, mort- 
gagee or other person, provide a certified copy of such rescis- 
sion which may be filed with the county clerk or register of the 
county in which such building or premises is located. 

§28-503.7 Costs. The costs and expenses for painting over, 
covering, rendering ineffective or for the removal and storage 
of such sign and its sign structure may be recovered from the 
owner of the premises or, if the illegal sign is under the control 
of an outdoor advertising company and notice was served on 
such company in accordance with this article, from such out- 
door advertising company. Such amounts may be recovered by 
the city in an action or proceeding in any court of appropriate 
jurisdiction and, with respect to amounts owed by an outdoor 
advertising company, by drawing upon any bond posted or 
other security provided by such company pursuant to section 
28-502.2. Nothing in this article shall be construed to limit the 
ability of an owner to seek recovery of such costs and expenses 
from any other party. 

§28-503.8 Lien. In addition, such costs and expenses shall con- 
stitute a lien on the land and building on which the sign was 
located which may be entered and enforced pursuant to the pro- 
visions of this code in the same manner as an unpaid fee. 

§28-503.9 Storage and disposal. The commissioner shall 
adopt rules to provide for the storage and disposal of any sign 
or sign structure removed pursuant to this article. If the identity 
and address of the owner of such property is reasonably ascer- 
tainable, notice of the removal shall be sent to the owner within 
a reasonable period of time after the removal. If such property 
is not claimed within thirty days after its removal, it shall be 
deemed to be abandoned and may be sold at a public auction 
after having been advertised in the City Record and the pro- 
ceeds paid into the general fund or if the commissioner deter- 
mines that the property is not saleable, he or she may turn over 
such property to the department of sanitation for disposal. 
Property removed pursuant to this article shall be released to 



the owner or other person lawfully entitled to possession upon 
payment of the costs of removal and storage as set forth in the 
rules of the department and any fines or civil penalties imposed 
for the violation or, if an action or proceeding for the violation 
is pending in court or before the environmental control board, 
upon the posting of a bond or other form of security acceptable 
to the department in an amount which will secure the payment 
of such costs and any fines or civil penalties which may be 
imposed for the violation. 

§28-503.10 Definitions, For the purposes of this article the 
terms "sign" and "surface area," in reference to a sign, shall be 
as defined under section 12-10 of the zoning resolution. 

§28-503.11 Review of order. An order of the commissioner 
issued pursuant to this article shall be a final determination of 
the commissioner for purposes of review pursuant to article 
seventy-eight of the civil practice law and rules. Notwithstand- 
ing any inconsistent provision of paragraph (a) of subdivision 
six of section six hundred sixty-six of the New York city char- 
ter, such order shall not be subject to review by the board of 
standards and appeals. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-81 



A-82 NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 1 

ADMINISTRATION 



SECTION BC 101 
GENERAL 

101.1 Title. This code shall be known and may be cited as the 
"New York City Building Coder "NYCBC" or "BC." All sec- 
tion numbers in this code shall be deemed to be preceded by the 
designation "BC." 

1101.2 Scope. The provisions of this code shall apply to the con- 
struction, alteration, movement, addition, replacement, repair, 
equipment, use and occupancy, location, maintenance, 
removal and demolition of every building or structure or any 
appurtenances connected or attached to such buildings or 
structures. 

1101.3 Intent. Refer to Chapter 1 of Title 28 of the Administra- 
tive Code. 

101.4 Referenced codes. The other codes listed in Sections 
101.4.1 through 101.4.7 and referenced elsewhere in this code 
shall be considered part of the requirements of this code to the 
prescribed extent of each such reference. 

1101.4.1 Electrical. The provisions of the New York City 
Electrical Code shall apply to the installation of electrical 
systems, including alterations, repairs, replacement, equip- 
ment, appliances, fixtures, fittings and appurtenances 
thereto. 

1 101.4.2 Gas. The provisions of the New York City Fuel Gas 
Code shall apply to the installation of gas piping, gas appli- 
ances and related accessories as covered in this code. These 
requirements apply to gas piping systems extending to the 
inlet connections of appliances and the installation and 
operation of residential and commercial gas appliances and 
related accessories. 

1 101.4.3 Mechanical. The provisions of the New York City 
Mechanical Code shall apply to the installation, alterations, 
repairs and replacement of mechanical systems, including 
equipment, appliances, fixtures, fittings and/or appurte- 
nances, including ventilating, heating, cooling, air-condi- 
tioning and refrigeration systems, incinerators and other 
energy-related systems. 

I 101.4.4 Plumbing. The provisions of the New York City 
Plumbing Code shall apply to the installation, alteration, 
repair and replacement of plumbing systems, including 
equipment, appliances, fixtures, fittings and appurtenances, 
and where connected to a water or sewage system and all 
aspects of a medical gas system. 

101.4.5 Fire prevention. The provisions of the New York 
City Fire Code shall apply to: 

1 . The manufacturing, storage, handling, use and trans- 
portation of flammable and combustible substances 
and hazardous materials, except for the installation of 
storage tanks and auxiliary storage tanks for oil-burn- 
ing equipment; 



2. The installation, testing, operation and maintenance 
of devices, equipment and systems designed to pre- 
vent, mitigate, control and extinguish fire, explosions 
or other life safety hazards; 

3 . The orderly evacuation or other safe conduct of occu- 
pants of a building, structure or premises in the event 
of fire, explosion, biological, chemical or hazardous 
material incident or release, natural disaster or other 
emergency, or the threat thereof; 

4. The prevention, mitigation and control of hazards to 
fire-fighters and emergency responders during emer- 
gency operations; 

5. The inspection, testing, operation and maintenance of 
any automatic or other fire alarm or fire-extinguish- 
ing device, equipment or system. 

101.4.6 Energy. The provisions of the Energy Conservation 
Construction Code of New York State shall apply to all mat- 
ters governing the design and construction of buildings for 
energy efficiency. 



SECTION BC 102 ■ 

APPLICABILITY 

102.1 General. Where, in any specific case, different sections 
of this code specify different materials, methods of construc- 
tion or other requirements, the most restrictive shall govern. 
Where there is a conflict between a general requirement and a 
specific requirement, the specific requirement shall be applica- 
ble. 

102.2 Reserved. ■ 

102.3 Application of references. References to chapter or sec- 
tion numbers, or to provisions not specifically identified by 
number, shall be construed to refer to such chapter, section or 
provision of this code. 

102.4 Referenced standards. The standards referenced in this ^ 
code and in the rules of the department shall be considered part I 
of the requirements of this code to the prescribed extent of each 
such reference. Where differences occur between provisions of 
this code and referenced standards, the provisions of this code 
shall apply. Refer to Article 103 of Chapter 1 of Title 28 of the 1 
Administrative Code for additional provisions relating to refer- I 
enced standards. 

102.5 Partial invalidity. In the event that any part or provision 
of this code is held to be illegal or void, this shall not have the 
effect of making void or illegal any of the other parts or provi- 
sions. 

102.6 Existing structures. The legal occupancy of any exist- 
ing structure shall be permitted to continue without change, 
except as is otherwise specifically provided or as is deemed 
necessary by the commissioner for the general safety and wel- 
fare of the occupants and the public. Refer to Chapter 1 of Title 



2008 NEW YORK CITY BUILDING CODE 



ADMINISTRATION 



28 of the Administrative Code for additional provisions relat- 
ing to existing structures. 



SECTION BC 103 
DEPARTMENT OF BUILDINGS 

103.1 General. Refer to the New York City Charter and Chap- 
ter 1 of Title 28 of the Administrative Code. 



SECTION BC 104 

DUTIES AND POWERS OF COMMISSIONER OF 

BUILDINGS 

104.1 General. The commissioner shall have the authority to 
render interpretations and to adopt rules establishing policies 
and procedures to clarify and implement the provisions of this 
code. Such interpretations and rules shall be in compliance 
with the intent and purpose of this code. Refer to the New York 
City Charter and Chapter 1 of Title 28 of the Administrative 
Code for additional provisions relating to the authority of the 
Commissioner of Buildings. 



SECTION BC 105 
PERMITS 

105.1 General. Permits shall comply with this section, with 
Article 105 of Chapter 1 of Title 28 of the Administrative Code, 
and with requirements found elsewhere in this code. 

105.2 Required. Any owner or authorized agent who intends 
to construct, add to, alter, repair, move, demolish, or change the 
occupancy of a building or structure, or to erect, install, add to, 
alter, repair, remove, convert or replace any gas, mechanical or 
plumbing system, the installation of which is regulated by this 
code, or to cause any such work to be done, shall first make 
application for construction document approval in accordance 
with Chapter 1 of Title 28 of the Administrative Code and this 
chapter and obtain the required permit. 

105.3 Work exempt from permit. Exemptions from permit 
requirements of this code as authorized in Chapter 1 of Title 28 
of the Administrative Code and the rules of the department 
shall not be deemed to grant authorization for any work to be 
done in any manner in violation of the provisions of this code or 
any other laws or rules. 

105.4 Validity of permit. The issuance or granting of a permit 
shall not be construed to be a permit for, or an approval of, any 
violation of any of the provisions of this code or of any other 
law. Permits presuming to give authority to violate or cancel the 
provisions of this code or other law shall not be valid. The issu- 
ance of a permit based on construction documents and other 
data shall not prevent the commissioner from requiring the cor- 
rection of errors in the construction documents and other data. 
The commissioner is also authorized to prevent occupancy or 
use of a structure where in violation of this code or of any other 
law. 

105.5 Foundation and earthwork permits. In addition to the 
requirements of Chapter 1 of Title 28 of the Administrative 



Code and Chapter 33 of this code, applications for foundation 
and earthwork permits shall include: 

1. Notice to adjoining owners. Proof of notice to adjoin- 
ing owners as required by Section 3304.3.2. 

2. Liens. Satisfactory evidence that the property is free 
from any lien for unpaid city taxes, assessments, water 
rates, bail bonds, or judgments obtained by the city, 
together with consent in writing of the mortgagee, if 
there is a mortgage upon the property, and the consent in 
writing of the surrogate's court or supreme court, if the 
owner of the property is a minor or incompetent. 

105.5.1 Notice to the department of commencement of 
foundation and earthwork. The foundation and earthwork 
permit shall be issued on the condition that the applicant 
will provide written notice to the department at least 24 but 
no more than 48 hours prior to the commencement of the 
foundation or earthwork as required by Section 3304.3.1. 

105.6 Full demolition permits. In addition to the require- 
ments of Chapter 1 of Title 28 of the Administrative Code and 
Chapter 33 of this code, applications for full demolition per- 
mits shall include: 

1. Utility certifications. Certifications by the respective 
utility companies or governmental agencies having 
jurisdiction that all gas, electric, water, steam and other 
service lines to the building have been disconnected as 
required by Section 3306.9.1. 

2. Notice to adjoining owners. Proof of notice to adjoin- 
ing owners as required by Section 3306.3.2. 

3. Certification of rodent extermination. Certification in 
accordance with department rules that the building has 
been treated effectively for rodent extermination as 
required by Section 3306.9.13. 

105.6.1 Notice to department of commencement of 
demolition work. The full demolition permit shall be 
issued on the condition that the applicant will provide writ- 
ten notice to the department at least 48 hours prior to the 
commencement of demolition work. 

105.7 Sign permits. In addition to the requirements of Chapter 
1 of Title 28 of the Administrative Code%, permits for the erec- 
tion, alteration or installation of signs shall be subject to the 
special provisions set forth in Sections 105.7.1 through 
105.7.5. 

105.7.1 Identification number. Every sign permit shall 
have an identification number. 

105.7.2 Changing copy or structural change of sign or 
sign structure. The changing of copy on a sign not permit- 
ted for changeable copy or any structural change of the sign 
or sign structure shall require a new permit pursuant to this 
code. 

105.7.3 Permit does not constitute authorization for ille- 
gal sign. The issuance of a permit for the erection, alteration 
or installation of a sign or sign structure issued pursuant to 
this code shall not be deemed to constitute permission or 
authorization to maintain a sign that would otherwise be 
illegal without a maintenance permit for an outdoor sign if 



2008 NEW YORK CITY BUILDING CODE 



ADMINISTRATION 



required pursuant to this code and department rule or that is 
otherwise illegal pursuant to any other provision of law nor 
shall any permit issued hereunder constitute a defense in an 
action or proceeding with respect to such an unlawful sign. 

105.7.4 Name and business address of licensed sign 

hanger. The application shall contain the name and busi- 
ness address of the licensed sign hanger who is to perform or 
supervise the proposed work. 

105.7.5 Outdoor advertising company. If the sign or sign 
location is under the control of an outdoor advertising com- 
pany, as defined in Chapter 5 of Title 28 of the Administra- 
tive Code, the application shall be accompanied by the name 
and, where provided by rule, the registration number of such 
outdoor advertising company. 

105.8 Temporary construction equipment permits. In addi- 
tion to the requirements of Chapter 1 of Title 28 of the Adminis- 
trative Cadet, permits for the erection, installation and use of 
temporary construction equipment shall be subject to the spe- 
cial provisions set forth in Sections 105.8.1 through 105.8.3. 

105.8.1 Application. The need for each specific item of 
construction equipment shall be stated on the application. 

105.8.2 Term of permit. Notwithstanding any other provi- 
sion of this code, the term of a construction equipment per- 
mit shall be 1 year, or the expiration of the contractor's 
insurance or the street obstruction bond, if such time period 
is less than 1 year and shall be renewable. The permit must 
be in effect at all times during which the equipment is at the 
work site. 

105.8.3 Special provisions for renewal of permit for a 
sidewalk shed. An application for the renewal of a con- 
struction equipment permit for a sidewalk shed used in con- 
nection with the alteration of a building shall be 
accompanied by a report, acceptable to the department, pre- 
pared by a registered design professional who has examined 
that part of the premises on which the work requiring the use 
of a sidewalk shed is being performed. Such report shall 
document the condition of the applicable part of the pre- 
mises and the scope of work that has been performed 
thereon since the issuance of the permit and shall provide an 
estimate of the additional time needed to complete the work. 

105.9 Mandatory sewer and catch basin work required by 
Section 24-526 of the Administrative Code. In addition to the 
requirements of Chapter 1 of Title 28 , an applicant for a permit 
who is required pursuant to Section 24-526 of the Administra- 
tive Code to construct or repair defects in sewers or catch basins 
that lie outside the property shall submit certification from the 
Department of Environmental Protection that the applicant or 
owner has provided the Department of Environmental Protec- 
tion with: 

1. A performance bond or other security satisfactory to the 
Department of Environmental Protection and approved 
as to form by the Law Department for the full cost, as 
estimated by the Department of Environmental Protec- 
tion, of constructing the part of the storm water drainage 
system for such property which shall lay outside the 
property line and repairing defects in such construction, 



if and as required by Section 24-526 of the Administra- 
tive Code', 

2. Any license or other written instrument that the Depart- 
ment of Environmental Protection or the Law Depart- 
ment may reasonably request that gives the Department 
of Environmental Protection, its agents and contractors 
and the surety for a performance bond described in Item 
1 above the legal right to enter private property to per- 
form the work described in Item 1 above, pursuant to the 
terms of the performance bond or in accordance with the 
conditions of acceptance of other security described in 
Item 1 above, and the legal right to connect to, to extend 
or to discharge storm water into any private sewer autho- 
rized as a point of disposal pursuant to Section 24-526 of 
the Administrative Code, in the event that the owner of 
property fails to do so, if and as required pursuant to Sec- 
tion 24-526 of the Administrative Code; 

3 . Insurance of a kind and in an amount that the Department 
of Environmental Protection and the Law Department 
deem satisfactory to insure the city fully for all risks of 
loss, damage to property or injury to or death of persons 
to whomever occurring, arising out of or in connection 
with the performance of all work described in this sec- 
tion. 



SECTION BC 106 
CONSTRUCTION DOCUMENTS 

106.1 General* Construction documents shall comply with 
Chapter 1 of Title 28 of the Administrative Code, this section 
and other applicable provisions of this code and its referenced 
standards. 

106.2 Required construction documents. In addition to the 
requirements of Chapter 1 of Title 28 of the Administrative 
Code, the applicant shall submit any and all of the documents 
specified in Sections 106.3 through 106.15 as appropriate to 
the nature and extent of the work proposed. 

106.2.1 Composite plans. Composite plans showing archi- 
tectural, structural, and mechanical parts of a building may 
be submitted provided that a clear understanding of each 
part is not impaired. 

106.2.2 Multiple building developments. The same set of 
plans may be used for several buildings of the same con- 
struction, if such buildings are located on adjoining lots 
under the same ownership, and if applications for construc- 
tion document approval for the lots are filed simultaneously. 

106.3 Lot diagram. The lot diagram shall show compliance 
with the New York City Zoning Resolution, indicating the size, 
height, and location of the proposed construction including 
parking and curb cuts; all existing structures on the zoning lot 
and their distances from lot and street lines; the established 
grade and existing curb elevations; and the proposed final 
grade elevations of the site shown by contours or spot grades at 
reasonable intervals. The lot diagram shall be drawn in accor- 
dance with an accurate boundary survey to the city datum, 
made by a land surveyor, which shall be attached to and form 
part of the application. A complete zoning analysis shall 



2008 NEW YORK CITY BUILDING CODE 



ADMINISTRATION 



accompany the lot diagram with citation to the relevant sec- 
tions of the New York City Zoning Resolution. 

106.4 Building classification statement. The statement shall 
identify: 

1 . The occupancy group or groups that apply to parts of the 
building in accordance with Section 302; 

2. The occupancy group of the main use or dominant occu- 
pancy of the building; 

3 . The construction class of the building in accordance with 
Section 602; 

4. The structural occupancy category in accordance with 
Table 1604.5; 

5. The height of the building as defined in Section 502.1 ; 

6. The applicable measurements to the highest and lowest 
level of Fire Department access; 

7. Whether the building is inside or outside of the fire dis- 
tricts; and 

8. For multiple dwellings, the multiple dwelling classifica- 
tion as established by the New York State Multiple Dwell- 
ing Law. 

106.5 Means of egress plans. Floor and roof plans shall show 
compliance with the requirements of Chapter 10, with suffi- 
cient notations indicating egress features and complete egress 
analysis as required by this code. 

106.6 Architectural plans. Construction documents for all 
buildings shall provide detailed drawings of all architectural 
elements of the building showing compliance with the code, 
including but not limited to doors, windows and interior finish 
schedules, and other details necessary to substantiate all 
required fire protection characteristics, as well as other details 
demonstrating compliance with the accessibility requirements 
of this code. Site safety features shall be shown where applica- 
ble. Plans shall also provide details of the exterior wall enve- 
lope as required, including flashing, intersections with 
dissimilar materials, corners, end details, control joints, inter- 
sections at roof, eaves or parapets, means of drainage, 
water-resistive membrane and details around openings. 

Exception: Where a curtain wall system is to be employed 
containing elements that are normally detailed on shop or 
working drawings, approval of construction documents 
shall be conditioned upon deferred submittal of such shop 
or working drawings showing the approval of the registered 
design professional who prepared the architectural con- 
struction documents, or of a signed statement by such regis- 
tered design professional that such drawings were prepared 
to his or her satisfaction. In such cases, submittal of con- 
struction documents showing compliance with the Energy 
Conservation Construction Code of New York State related 
to such curtain wall may also be deferred. 

106.7 Structural plans. Structural plans shall include the data 
and information described in this section and in Chapter 16. 

Exceptions: 

1. Where structural elements are normally detailed on 
shop or working drawings, approval of construction 
documents shall be conditioned upon deferred 



submittal of such shop or working drawings showing 
the approval of the registered design professional 
who prepared the structural construction documents, 
or of a signed statement by such registered design 
professional that such drawings were prepared to his 
or her satisfaction. 

2. In cases where the detailing of structural elements has 
been made on the basis of fire-resistance ratings, load 
tables, or similar data as given in manufacturer ' s cata- 
logues, approval of construction documents shall be 
conditional upon submission of a manufacturer's des- 
ignation attesting to the accuracy of the data and indi- 
cating that such data were derived in conformance 
with the provisions of this code. Where the detailing 
of structural elements has been made on the basis of 
data published in technical documents of recognized 
authority issued or accredited by the agency or associ- 
ation promulgating the applicable referenced stan- 
dard, such manufacturer's designation will not be 
required. 

106.7.1 Foundation plans. Foundation plans shall show 
compliance with the requirements of Chapter 1 8 of this code 
regarding foundation design and shall show the plan loca- 
tions, design elevations of the bottoms, and details as to 
sizes, reinforcements, and construction of all footings, 
piers, foundation walls, pile groups, and pile caps. The lev- 
els of footings of adjacent structures shall be indicated or, if 
the adjacent structures are pile supported, this shall be 
stated. Where applicable, the plans shall include underpin- 
ning details. In addition, there shall be a statement indicat- 
ing the character and minimum class of the soil strata 
required for the support of the foundation; the allowable soil 
pressure used for the design of footings; and the character, 
class, and presumptive bearing capacity of the bearing stra- 
tum to which piling is required to penetrate. The types and 
design capacities of piling and the records of required bor- 
ings or test pits shall also be shown. 

106.7.2 Floor plans. Floor plans and sections showing all 
structural requirements shall be provided for all levels. 

106.7.3 Detailed drawings. Drawings shall show sizes, 
sections, and locations of members, and such other informa- 
tion as may be required to indicate clearly all structural ele- 
ments and special structural engineering features. 

106.7.4 Column schedules. Column schedules shall show 
the design load contributed by the framing at any level and 
the total accumulated design load at each level. 

106.7.5 Truss forces. Where trusses are employed, a dia- 
gram or table shall indicate the loads or moments in the vari- 
ous members under the design loading conditions. The 
requirement for a diagram or table may be waived when the 
trusses consist of elements selected from load tables or simi- 
lar data, subject to the requirements for verification 
described in this code. 

106.7.6 Pre-stressing forces. Where pre-stressed members 
are employed, a schedule or table shall show the total 
prestressing forces and the method and sequence of applica- 
tion. 



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106.8 Excavation and earthwork plans. Where the applica- 
tion is sought solely for earthwork excavation or fill operations, 
the applicant shall submit (1) a lot diagram and (2) plans show- 
ing the exact location, extent, and depth or height of the pro- 
posed excavation or fill operation and any protective railings or 
equipment required by Chapter 33. 

106.9 Fire protection system plans. Construction documents 
for fire protection systems shall include a plot plan to scale 
indicating the location of the system in relation to the rest of the 
building and shall comply with Sections 106.14.1 through 
106.14.4. Such plans shall not be required in connection with 
applications for limited standpipe alterations and limited sprin- 
kler alterations. 

106.9.1 Sprinkler systems. Sprinkler systems plans shall 
comply with Section 903.1.2. 

106.9.2 Alternative automatic fire-extinguishing sys- 
tems. Alternative automatic fire-extinguishing systems 
plans shall comply with Section 904.1.1. 

106.9.3 Standpipe systems. Standpipe systems plans shall 
comply with Section 905.1.1. 

106.9.4 Fire alarm and detection systems. Fire alarm and 
detection systems plans shall comply with Section 907. 1 . 1 . 

106.10 Sign installation plans. Construction documents for 
sign applications shall comply with Section H 105.2 in Appen- 
dix H. 

106.11 Sewer adequacy verification for increases in imper- 
vious surfaces. Whenever an alteration increases impervious 
surfaces on the lot to greater than 20 percent of the impervious 
surfaces existing when the structure was constructed, the appli- 
cant shall submit a house/site connection application approved 
or accepted by the Department of Environmental Protection as 
to the availability of a public sewer system, as well as an evalu- 
ation of the adequacy of any existing system for the disposal of 
storm water by any means other than storm or combined sew- 
ers. 

Exception: Where the total area of impervious surfaces 
proposed to be increased after the effective date of this code 
is less than or equal to 1,000 square feet (93 m 2 ). 

106.12 Predemolition photographs. In addition to the 
requirements of Section 3306.3, construction documents for 
full demolition shall comply with the following requirements 
for archival photographs: 

1. Number required. Applications shall contain two sets 
of photographs of the building or buildings to be demol- 
ished or removed. Both sets shall be received by the 
department on behalf of the New York City Landmarks 
Preservation Commission and the New York City 
Municipal Archives Division of the Department of 
Records and Information Services. 

2. Format. The photographs shall conform to the standards 
and specifications established by rules promulgated by 
the commissioner upon the advice of the commissioner 
of the Department of Records and Information Services 



and the chairperson of the Landmarks Preservation 
Commission. 

Exception: Applications made on behalf of the 
Department of Housing Preservation and Develop- 
ment or made pursuant to Article 215 of Chapter 2 of 
Title 28 of the Administrative Code are exempt from 
the requirements of this section. 

106.13 Energy efficiency. Construction documents shall 
include a statement by the registered design professional of 
record that: 'To the best of my knowledge, belief and profes- 
sional judgment, these plans and specifications are in compli- 
ance with the Energy Conservation Construction Code of New 
York State" In addition, the following requirements shall 
apply: 

1. A lead energy professional shall be identified for each 
project, who shall draw the relevant information regard- 
ing envelope, mechanical systems, service water heating 
system and lighting and power systems from construc- 
tion documents into an energy analysis. The energy anal- 
ysis shall balance total energy consumption of all 
systems in accordance with the Energy Conservation 
Construction Code of New York State and shall be signed 
and sealed by the lead energy professional. 

2. The format for the energy analysis shall be as established 
in the Energy Conservation Construction Code of New 
York State, or as approved by the department, and shall 
comprise a sheet within the drawing set. Supporting doc- 
umentation shall be available within the drawing set or 
upon request of the department. 

106.14 Mechanical and fuel gas plans. Construction docu- 
ments for gas piping, heating, ventilation, refrigeration and 
other mechanical work to be performed shall be submitted as 
per New York City Mechanical and Fuel Gas Codes. 

106.15 Plumbing plans. Construction documents for plumb- 
ing work to be performed shall be submitted as per the New 
York City Plumbing Code. 



SECTION BC 107 ■ 
TEMPORARY STRUCTURES AND USES 

107.1 General. Refer to Chapter 1 of Title 28 of the Adminis- I 

trative Code. ■ 



SECTION BC 108 1 

FEES 

108.1 Payment of fees. Refer to Chapter 1 of Title 28 of the I 

Administrative Code. 1 



SECTION BC 109 

INSPECTIONS 

109.1 General. Except as otherwise specifically provided, 
inspections required by this code or by the department during 
the progress of work may be performed on behalf of the owner 
by approved inspection agencies or, if applicable, by special 



2008 NEW YORK CITY BUILDING CODE 



ADMINISTRATION 



inspectors. However, in the interest of public safety, the com- 
missioner may direct that any of such inspections be performed 
by the department. All inspections shall be performed at the 
sole cost and expense of the owner. Refer to Chapter 1 of Title 
28 of the Administrative Code for additional provisions relat- 
ing to inspections. 

109.2 Preliminary inspection. Refer to Chapter 1 of Title 28 
of the Administrative Code. 

109.3 Required progress inspections. The inspections set 
forth in Sections 109.3.1 through 109.3.8 shall be made during 
the progress of work to verify substantial compliance with the 
code and with approved construction documents. 

109.3.1 Footing and foundation inspection. Footing and 
foundation inspections shall be made after excavations for 
footings are complete and any required reinforcing steel is 
in place. For concrete foundations, any required forms shall 
be in place prior to inspection. Materials for the foundation 
shall be on the job, except where concrete is ready mixed in 
accordance with ASTM C 94, the concrete need not be on 
the job. 

109.3.2 Lowest floor elevation. In areas of special flood 
hazard, upon placement of the lowest floor, including the 
basement (for flood zone purposes), and prior to further ver- 
tical construction, the elevation inspection report required 
in Item 1 of Section G 105.3 of Appendix G shall be submit- 
ted to the department. 

109.3.3 Frame inspection. Framing inspections shall be 
performed to determine compliance with the approved con- 
struction documents. 

Exception: Work regulated and inspected under Chapter 
17. 

109.3.4 Fire-resistance-rated construction inspection. 

Fire-resistance-rated construction shall be inspected to 
determine compliance with the approved construction doc- 
uments, including inspection of the following work: 

1. Fire-resistance-rated partitions, floors, ceilings, 
shafts; 

2. Fireblocking of concealed spaces; 

3. Through-penetration firestopping, draftstopping and 
fireblocking; 

4. Fire dampers; 

5. Fire shutters; and 

6. Protection of structural members. 

Exception: Work regulated and inspected under 
Chapter 17. 

109.3.5 Energy code compliance inspections. Inspections 
shall be made to determine compliance with approved con- 
struction documents. 

109.3.6 Other inspections. In addition to the inspections 
specified above, the commissioner is authorized to make or 
require other inspections of any construction work to ascer- 
tain compliance with the provisions of this code and other 
laws that are enforced by the department. 



109.4 Special inspections. Special inspections required by this 
code or by the commissioner shall be performed by special 
inspectors. 

109.5 Final inspection. Refer to Chapter 1 of Title 28 of the 

Administrative Code. 

109.6 Issuance of Certificate of Compliance. Upon satisfac- 
tory inspection of service equipment and the project satisfied 
all the requirements for sign-off, the department shall issue at 
certificate of compliance as applicable for the following ser- 
vice equipment: 

1. Elevators; 

2. Escalators; 

3. Moving walkways; 

4. Heating systems; and 

5. Dumbwaiters. 

109.7 Inspection agencies. Refer to Chapter 1 of Title 28 of 
the Administrative Code. 

109.8 Inspection requests. Refer to Chapter 1 of Title 28 of the 
Administrative Code. 

109.9 Satisfactory inspection report required. Portions of 
work requiring inspection may be sequenced or phased to 
allow continuing progress of that work provided that work 
shall not be done beyond the point indicated in each successive 
required inspection for that phase. The inspector shall either 
indicate the portion of the construction that is satisfactory as 
completed, or notify the permit holder or the superintendent of 
construction wherein the same fails to comply with this code. 
Any portions that do not comply shall be corrected and such 
portion shall not be covered or concealed until corrected. The 
person performing the inspection shall complete a report of sat- 
isfactory inspection. Refer to Chapter 1 of Title 28 of the 
Administrative Code. 



SECTION BC 110 
CERTIFICATE OF OCCUPANCY 

110.1 General. Refer to Chapter 1 of Title 28 of the Adminis- 
trative Code. 



SECTION BC 111 
SERVICE UTILITIES 

111.1 General. Refer to Chapter 1 of Title 28 of the Adminis- 
trative Code. 



SECTION BC 112 
RESERVED 



SECTION BC 113 1 
VIOLATIONS 

113.1 General. Refer to Chapter 2 of Title 28 of the Adminis- I 

trative Code. 1 



2008 NEW YORK CITY BUILDING CODE 



ADMINISTRATION 



SECTION BC 114 

STOP WORK ORDER 

114.1 General. Refer to Chapter 2 of Title 28 of the Adminis- 
trative Code. 



SECTION BC 115 
UNSAFE STRUCTURES AND EQUIPMENT 

115.1 General. Refer to Chapters 2 and 3 of Title 28 of the 
Administrative Code. 



2008 NEW YORK CITY BUILDING CODE 



2008 NEW YORK CITY BUILDING CODE 



CHAPTER 2 

DEFINITIONS 



SECTION BC 201 
GENERAL 

201.1 Scope, Unless otherwise expressly stated, the following 
words and terms shall, for the purposes of this code, have the 
meanings shown in this chapter. 

201.2 Iiiterchangeability. Words used in the present tense 
include the future; words stated in the masculine gender 
include the feminine and neuter; the singular number includes 
the plural and the plural, the singular. 

201.3 Terms defined in other codes. Where terms are not 
defined in this code and are defined in the New York City Fuel 
Gas Code, New York City Fire Code, New York City Mechani- 
cal Code, New York City Electrical Code or New York City 
Plumbing Code, such terms shall have the meanings ascribed to 
them as in those codes. 

201.4 Terms not defined. Where terms are not defined 
through the methods authorized by this section, such terms 
shall have ordinarily accepted meanings such as the context 
implies. 



SECTION BC 202 
DEFINITIONS 

ACCESSIBLE. See Section 1102.1. 

ACCESSIBLE MEANS OF EGRESS. See Section 1002.1. 

ACCESSIBLE ROUTE. See Section 1102.1. 

ACCESSIBLE UNIT. See Section 1 102. 

ACTIVE FAULT/ACTIVE FAULT TRACE. See Section 
1613.1. 

ADDITION. An alteration of a building in existence that 
increases its exterior dimensions including but not limited to an 
extension or increase in floor area or height (including an 
increase in height or area resulting from the construction of a 
rooftop structure for mechanical equipment) of the building. 
See Section 28-101.5 of the Administrative Code. 

ADHERED MASONRY VENEER. See Section 1402.1. 

ADJUSTED SHEAR RESISTANCE. See Sections 2202.1 
and 2302.1. 

ADMINISTRATIVE CODE. The Administrative Code of the 
City of New York. 

ADMIXTURE. See Section 1902.1. 

AEROSOL. See Section 307.2. 

Level 1 aerosol products. See Section 307.2. 
Level 2 aerosol products. See Section 307.2, 
Level 3 aerosol products. See Section 307.2. 

AGGREGATE. See Section 1902.1. 

AGGREGATE, LIGHTWEIGHT. See Section 1902.1. 



AGRICULTURAL, BUILDING. A structure designed and 
constructed to house farm implements, hay, grain, poultry, live- 
stock or other horticultural products. This structure shall not be 
a place of human habitation or a place of employment where 
agricultural products are processed, treated or packaged, nor 
shall it be a place used by the public. 

AIR-INFLATED STRUCTURE. See Section 3102.2. 

AIR-SUPPORTED STRUCTURE. See Section 3102.2. 

Double skin. See Section 3102.2. 

Single skin. See Section 3102.2. 

AISLE ACCESSWAY. See Section 1002.1. 

ALARM NOTIFICATION APPLIANCE. See Section 
902.1. 

ALARM SIGNAL. See Section 902.1. 

ALLEY. See "Public way." 

ALLOWABLE STRESS DESIGN. See Section 1602.1. 

ALTERATION. Any construction, addition, change of use or 
occupancy, or renovation to a building or structure in existence. 
See Section 28-101.5 of the Administrative Code. 

ALTERNATE LOAD PATH. See Section 1624.1. 

ALTERNATE LOAD PATH METHOD. See Section 
1624.1. 

ALTERNATING TREAD DEVICE. See Section 1002.1. 

ANCHOR. See Section 2102.1. 

ANCHOR BUILDING. See Section 402.2. 

ANCHORED MASONRY VENEER. See Section 1402.1. 

ANNULAR SPACE. See Section 702.1. 

ANNUNCIATOR. See Section 902.1. 

APARTMENT. See Section 310.2. 

APARTMENT, STUDENT. See Section 310.2. 

APPROVED. Acceptable to the commissioner. In reference to 
construction documents, the determination by the department 
after full examination that submitted construction documents 
comply with this code and other applicable laws and rules. In 
reference to materials, the determination by the commissioner 
that material is acceptable for its intended use. See Section 
28-101.5 of the Administrative Code. 

APPROVED AGENCY. An established and recognized 
agency, or other qualified person, regularly engaged in con- 
ducting tests or furnishing inspection services, when approved 
pursuant to department rules as qualified to perform or witness 
identified testing or inspection services. See Chapter 1 of Title 
28 of the Administrative Code. 

APPROVED FABRICATOR. See Section 1702.1. 



2008 NEW YORK CITY BUILDING CODE 



DEFINITIONS 



APPROVED INSPECTION AGENCY. An approved 
agency that is approved by the department as qualified to per- 
form one or more of the inspections required by this code. See 
Chapter 1 of Title 28 of the Administrative Code. 

APPROVED TESTING AGENCY. An approved agency that 
is approved by the department as qualified to test and evaluate 
the performance of one or more of the materials regulated in 
their use by this code. Such term shall include, when approved 
pursuant to department rules, a third-party testing or certifica- 
tion agency, evaluation agency, testing laboratory, testing ser- 
vice or other entity concerned with product evaluation. See 
Chapter 1 of Title 28 of the Administrative Code. 

ARCHEOLOGICAL RESOURCE. See Section 3302.1. 

ARCHITECT. A person licensed and registered to practice 
the profession of architecture under the Education Law of the 
State of New York. 

ARCHITECTURAL TERRA COTTA. See Section 2102. 1 . 

AREA. See Section 2102.1. 

Bedded. See Section 2102.1 . 

Gross cross-sectional. See Section 2102.1. 

Net cross-sectional. See Section 2102.1. 

AREA, BUILDING. See Section 502. 1 . 

AREA OF REFUGE. See Section 1002.1. 

AREA OF RESCUE ASSISTANCE. See Section 1002.1. 

AREA OF SPECIAL FLOOD HAZARD. See Section 
G201.2. 

ARTICULATING BOOM CRANE. See Section 3302.1. 

ASPECT RATIO. See Section 1624.1. 

ASSISTED RESCUE PATH. See Section 1002.1. 

ATRIUM. See Section 404. 1.1. 

ATTACHMENTS, SEISMIC. See Section 1613.1. 

ATTIC. The space between the ceiling beams of the top story 
and the roof rafters . 

AUDIBLE ALARM NOTIFICATION APPLIANCE. See 
Section 902.1. 

AUTOMATIC. See Section 902.1. 

AUTOMATIC FIRE-EXTINGUISHING SYSTEM. See 
Section 902.1. 

AUTOMATIC SPRINKLER SYSTEM. See Section 902.1. 

AVERAGE AMBIENT SOUND LEVEL. See Section 902. 1 

AWNING. An architectural projection that provides weather 
protection, identity or decoration and is wholly supported by 
the building to which it is attached. An awning is comprised of 
a lightweight, rigid skeleton structure over which a covering is 
attached. 

AXIS OF ROTATION. See Section 3302.1. 

AXLE. See Section 3302.1. 

A-ZONE. See Section G201.2. 

BACKING. See Section 1402.1. 



BALCONY, EXTERIOR. See Section 1602.1. 
BARRICADE. See Section 307.2. 

Artificial barricade. See Section 307.2. 

Natural barricade. See Section 307.2. 

BASE. See Section 1613.1. 

BASE (MOUNTING). See Section 3302.1. 

BASE FLOOD. See Section G201.2. 

BASE FLOOD ELEVATION. See Section G201.2. 

BASE SHEAR. See Section 1602.1. 

BASIC SEISMIC-FORCE-RESISTING SYSTEMS. See 
Section 1602.1. 

Bearing wall system. See Section 1602.1. 

Building frame system. See Section 1602.1. 

Dual system. See Section 1602.1. 

Inverted pendulum system. See Section 1602.1. 

Moment-resisting frame system. See Section 1602.1. 

Shear wall-frame interactive system. See Section 1602. 1 . 

BASEMENT. A story partly below the grade plane and having 
less than one-half its clear height (measured from finished floor 
to finished ceiling) below the grade plane (see "Story" andt 
"Story above grade plane" in Section 502.1). 

BASEMENT (FOR FLOOD ZONE PURPOSES). See Sec- 
tion G20 1.2. 

BEARER (PUTLOG). See Section 3302.1. 

BED JOINT. See Section 2102.1. 

BEDROCK. See Section 1804.2.1. 

Hard sound rock (Class la). See Section 1804.2.1. 

Medium hard rock (Class lb). See Section 1804.2.1. 

Intermediate rock (Class 1c). See Section 1804.2.1. 

Soft rock (Class Id). See Section 1 804.2. 1 . 
BLEACHERS. See Section 1002.1. 

BOARDER (ROOMER, LODGER). See Section 3 10.2. 1 
BOILING POINT. See Section 307.2. 
BOND BEAM. See Section 2102.1. 
BOND REINFORCING. See Section 2102.1. 
BOOM. See Section 3302.1. 
BOOM POINT. See Section 3302.1. 
BOUNDARY ELEMENTS. See Section 1613.1. 
BOUNDARY MEMBERS. See Section 1 602. 1 , 
BRACED WALL LINE. See Section 2302.1. 
BRACED WALL PANEL. See Section 2302.1. 
BRAKE. See Section 3302.1. 
BREAKAWAY WALL. See Section G201.2. 
BRICK. See Section 2102. 1. 

Calcium silicate (sand lime brick). See Section 2102.1. 



10 



2008 NEW YORK CSTY BUILDING CODE 



DEFINITIONS 



Clay or shale. See Section 2102.1. 

Concrete. See Section 2102.1. 

BRITTLE. See Section 1613.1. 

BUCKET HOIST. See Section 3302.1. 

BUILDING. Any structure used or intended for supporting or 
sheltering any use or occupancy. The term shall be construed as 
if followed by the phrase "structure, premises, lot or part 
thereof unless otherwise indicated by the text. See Section 
28-101.5 of the Administrative Code. 

BUILDINGS AND OTHER STRUCTURES, FLEXIBLE. 

See Section 1609.2. 

BUILDING, ENCLOSED. See Section 1609.2. 

BUILDING LINE. The line established by law, beyond which 
a building shall not extend, except as specifically provided by 
law. 

BUILDING, LOW-RISE. See Section 1609.2. 
' BUILDING, OPEN. See Section 1609.2. 

BUILDING, PARTIALLY ENCLOSED. See Section 

1609.2. 

BUILDING, SIMPLE DIAPHRAGM. See Section 1609.2. 

BUILT-UP ROOF COVERING. See Section 1502.1. 

BULKHEAD. See Section 1502.1. 

BUTTRESS. See Section 2102.1. 

CABARET. Any room, place or space in which any musical 
entertainment, singing, dancing or other similar amusement is 
permitted in connection with an eating and drinking establish- 
ment. 

CABLE-RESTRAINED, AIR-SUPPORTED STRUC- 
TURE. See Section 3102.2. 

1 CABLEWAY. See Section 3302.1. 

CANOPY. An architectural projection that provides weather 
protection, identity or decoration and is supported by the build- 
ing to which it is attached and at the outer end by not less than 
one stanchion. A canopy is comprised of a rigid structure over 
which a covering is attached. 

CANTILEVERED COLUMN SYSTEM. See Section 
1602.1. 

CARBON DIOXIDE EXTINGUISHING SYSTEMS. See 
Section 902.1. 

CARBON MONOXIDE ALARM. See Section 902.1. 

CARBON MONOXIDE DETECTOR. See Section 902.1. 

CARBON MONOXIDE PRODUCING EQUIPMENT. See 
Section 902.1. 

CARPORT. See Section 406.1.2. 

CAST STONE. See Section 2102,1. 

CEILING LIMIT. See Section 902.1. 

CEILING RADIATION DAMPER. See Section 702.1. 

CELL. See Section 2102.1. 

CELLAR. See Section 502.1. 



CEMENT PLASTER. See Section 2502.1. 

CEMENTITIOUS MATERIALS. See Section 1902.1. 

CENTRAL STATION. See Section 902. 1 . I 

CERAMIC FIBER BLANKET. See Section 721.1.1. 

CERTIFICATE OF APPROVAL. See Section 3302. 1 . 1 

CERTIFICATE OF COMPLIANCE. See Section 1702.1 of 
this codet and Section 28-101.5 of the Administrative Code. 

CERTIFICATE OF OPERATION. See Section 3302.1. 

CERTIFICATE OF ON-SITE INSPECTION. See Section 
3302.1. 

CHIMNEY. See Section 2102.1. 

CHIMNEY TYPES. See Section 2102.1. 

High-heat appliance type. See Section 2102.1. 

Low-heat appliance type. See Section 2102.1. 

Masonry type. See Section 2102.1. 

Medium-heat appliance type. See Section 2102.1. 
CIRCULATION PATH. See Section 1102.1. 
CITY. City of New York. 1 

CLADDING. See ''Components and cladding." 
CLAMSHELL. See Section 3302.1. 
CLAYS. See Section 1804.2.1. 

Hard (Class 4a). See Section 1804.2.1. 

Stiff (Class 4b). See Section 1804.2.1. 

Medium (Class 4c). See Section 1804.2.1. 

Soft (Class 4d). See Section 1804.2.1. 
CLEAN AGENT. See Section 902.1. 
CLEANOUT. See Section 2102.1. 

CLOSED-CIRCUIT TELEPHONE. See Section E102.1. 1 
CLOSED SYSTEM. See Section 307.2. 
COLLAPSE. See Section 1624. 1 . 1 

COLLAR JOINT. See Section 2102.1. 

COLLECTING SAFE AREA. See Section 1002. 1 . 1 

COLLECTOR. See Sections 1613.1 and 2302.1. 
COLLECTOR ELEMENTS. See Section 1602.1. 
COLUMN. See Section 1902.1. 
COLUMN, MASONRY. See Section 2102.1. 

COMBINATION FIRE/SMOKE DAMPER. See Section 

702.1. 

COMBINATION SIGN. See Section H102. 1 . I 

COMBUSTIBLE DUST. See Section 307.2. 
COMBUSTIBLE FIBERS. See Section 307.2. 
COMBUSTIBLE LIQUID. See Section 307.2. 

Class II. See Section 307.2. 

Class IIIA. See Section 307.2. 



2008 NEW YORK CITY BUILDING CODE 



11 



DEFINITIONS 



Class IIIB. See Section 307.2. 

COMMERCIAL COOKING SYSTEM. See Section 902. 1 . 

COMMERCIAL TRUCK-MOUNTED CRANE (BOOM 
TRUCK). See Section 3302.1. 

COMMISSIONER. The Commissioner of Buildings of the 
City of New York or his or her duly authorized representative. 
See Section 28-101.5 of the Administrative Code. 

COMMON PATH OF EGRESS TRAVEL. See Section 
1002.1. 

COMMON USE. See Section 1102.1. 

COMPETENT PERSON. See Section 3302.1. 

COMPONENT. See Section 1613.1. 

Component equipment. See Section 1613.1. 

Component, flexible. See Section 1613.1. 

Component, rigid. See Section 1613.1. 
COMPONENTS AND CLADDING. See Section 1609.2. 
COMPOSITE ACTION. See Section 2102.1. 
COMPOSITE MASONRY. See Section 2102.1. 
COMPRESSED GAS. See Section 307.2. 

Nonliquefied compressed gases. See Section 307.2. 

Liquefied compressed gases. See Section 307.2. 

Compressed gases in solution. See Section 307.2. 

Compressed gas mixtures. See Section 307.2. 

COMPRESSIVE STRENGTH OF MASONRY. See Sec- 
tion 2102.1. 

1 CONCEALED SPACES. See Section 702. 1 . 

CONCRETE. See Section 1902.1. 

CONCRETE CARBONATE AGGREGATE. See Section 
721.1.1. 

CONCRETE, CELLULAR. See Section 721.1.1. 

CONCRETE, LIGHTWEIGHT AGGREGATE. See Sec- 
tion 721.1.1. 

CONCRETE, PERLITE. See Section 721.1.1. 

CONCRETE, SAND-LIGHTWEIGHT. See Section 
721.1.1. 

CONCRETE, SILICEOUS AGGREGATE. See Section 
721.1.1. 

CONCRETE, SPECIFIED COMPRESSIVE STRENGTH 
1 OF, (F> e ). See Section 1902.1. 

CONCRETE, VERMICULITE. See Section 721.1.1. 

CONFINED REGION. See Section 1602.1. 

I CONGREGATE LIVING UNIT. See Section 3 10.2. 

CONNECTOR. See Section 2102.1. 

CONSTANTLY ATTENDED LOCATION. See Section 
902.1. 

I CONSTRUCTION. See Section 3302.1. 



CONSTRUCTION DOCUMENTS. Plans and specifica- 
tions and other written, graphic and pictorial documents, pre- 
pared or assembled for describing the design, location and 
physical characteristics of the elements of the project necessary 
for obtaining a building permit. See Section 28-101.5 of the 
Administrative Code. 

CONSTRUCTION TYPES. See Section 602. 

Type I. See Section 602.2, 

Type II. See Section 602.2. 

Type III. See Section 602.3. 

Type IV. See Section 602,4. 

Type V. See Section 602.5. 

CONTINUOUS GAS-DETECTION SYSTEM. See Section 
415.2. 

CONTRACTION JOINT. See Section 1902.1. 

CONTROL AREA. See Section 307.2. 

CONTROLLED LOW-STRENGTH MATERIAL. A 
self-compacted, cementitious material used primarily as a 
backfill in place of compacted fill. 

CONVENTIONAL LIGHT-FRAME WOOD CON- 
STRUCTION. See Section 2302.1. 

CORNER SCAFFOLD (ANGLE SCAFFOLD). See Sec- 
tion 3302.1. 

CORRIDOR. See Section 1002.1. 

CORRIDOR, INTERIOR. See Section 1002.1. 

CORRIDOR, PUBLIC. See Section 1002.1. 

CORROSION RESISTANCE. The ability of a material to 
withstand deterioration of its surface or its properties when 
exposed to its environment. 4 

CORROSIVE MATERIAL. See Section 307.2. 

COUNTERWEIGHT. See Section 3302.1. 

COURT. An open, uncovered space, unobstructed to the sky, 
bounded on three or more sides by exterior building walls or 
other enclosing devices. 

COVER. See Section 2102.1. 

COVERED MALL BUILDING. See Section 402.2. 

CRANE. See Section 3302. 1 . I 

CRAWLER CRANE. See Section 3302.1. I 

CRIPPLE WALL. See Section 2302.1. 

CROSS AISLE. See Section 1002.1. I 

CRYOGENIC FLUID. See Section 307.2. 

CURB LINE. See Section 3201.8. 

CURTAIN WALL. See Section 1402.1. 

CUSTODIAL CARE FACILITY. See Section 310.2. 

DALLE GLASS, See Section 2402.1. 

DAMPER. See Section 702.1. 

DEAD END. See Section 1002.1. 



12 



2008 NEW YORK CITY BUILDING CODE 



DEFINITIONS 



DEAD LOADS. See Section 1602.1. 
1 DEBRIS NET OR NETTING. See Section 3302.1. 
DECK. See Section 1602.1. 
DECORATIVE GLASS. See Section 2402.1. 
DEFLAGRATION. See Section 307.2. 
DEFORMABILITY. See Section 1602.1. 

High deformability element. See Section 1602.1. 

Limited deformability element. See Section 1602.1. 

Low deformability element. See Section 1602.1. 
DEFORMATION. See Section 1602.1. 

Limited deformation. See Section 1602.1. 

Ultimate deformation. See Section 1602.1. 
DEFORMED REINFORCEMENT. See Section 1902.1. 
DELUGE SPRINKLER SYSTEM. See Section 902.1. 
DEMOLITION. See Section 3302.1. 
DEMOLITION, FULL. See Section 3302.1. 
DEMOLITION, PARTIAL. See Section 3302.1. 

DEPARTMENT. Department of Buildings of the City of New 

York. 

DERRICK. See Section 3302.1. 
DESIGN EARTHQUAKE. See Section 1613.1. 
DESIGN FLOOD ELEVATION. See Section G201.2. 
1 DESIGN STRENGTH. See Sections 1602.1 and 2102.1. 
DETACHED BUILDING. See Section 307.2. 
DETECTABLE WARNING. See Section 1102.1. 
DETECTOR, HEAT. See Section 902.1. 
DETONATION. See Section 307.2. 
I DEVELOPMENT. See Section G201.2. 

DIAPHRAGM. See Sections 1602.1 and 2102.1. 
^ Diaphragm, blocked. See Section 1602.1. 

Diaphragm, boundary. See Section 1602.1. 

Diaphragm, chord. See Section 1602.1. 

Diaphragm, flexible. See Section 1602.1. 

Diaphragm, rigid. See Section 1602.1. 
DIAPHRAGM, UNBLOCKED. See Section 2302.1. 
DIMENSIONS. See Section 2102.1. 

Actual. See Section 2102.1. 

Nominal See Section 2102.1. 

Specified. See Section 2 1 02. 1 . 
DISPENSING. See Section 307.2. 
DISPLACEMENT. See Section 1613.1. 

Design displacement. See Section 1613.1. 

Total design displacement. See Section 1613.1. 



Total maximum displacement. See Section 1613.1. 

DISPLACEMENT RESTRAINT SYSTEM. See Section 
1613.1 

DISPLAY SIGN. See Section H102. 1 . 1 

DOOR, BALANCED. See Section 1002.1. 

DRAFTSTOP. See Section 702.1. 

DRAG STRUT. See "Collector" at Section 2302.1. 

DRUM. See Section 3302.1. 

DRY-CHEMICAL EXTINGUISHING SYSTEM. See Sec 

tion 902.1. 

DUCT. See Section 1902.1. 

DURATION OF LOAD. See Section 1602.1. 

DWELLING. A building or structure which is occupied in 
whole or in part as the home, residence or sleeping place of one 
or more families. See Section 310.2. 

DWELLING, MULTIPLE. A dwelling which is either 
rented, leased, let or hired out, to be occupied, or is occupied, as 
the residence or home of three or more families living inde- 
pendently of each other. A multiple dwelling does not include a 
building used for occupancies in Group 1-2, 1-3 or 1-4. See Sec- 
tion 310.2. 

DWELLING, ONE-FAMILY. Any building or structure 
designed and occupied exclusively for residence purposes on a 
long-term basis for more than a month at a time by not more 
than one family. One-family dwellings shall also be deemed to 
include a dwelling located in a series of one-family dwellings 
each of which faces or is accessible to a legal street or public 
thoroughfare, provided that each such dwelling unit is 
equipped as a separate dwelling unit with all essential services, 
and also provided that each such unit is arranged so that it may 
be approved as a legal one-family dwelling. See Sections 3 10.2 
andM102.1. 

DWELLING, TWO-FAMILY. Any building or structure 
designed and occupied exclusively for residence purposes on a 
long-term basis for more than a month at a time by not more 
than two families. Two-family dwellings shall also be deemed 
to include a dwelling located in a series of two-family dwell- 
ings each of which faces or is accessible to a legal street or pub- 
lic thoroughfare, provided that each such dwelling is equipped 
as a separate dwelling with all essential services, and also pro- 
vided that each such dwelling is arranged so that it may be 
approved as a legal two-family dwelling. See Sections 310.2 
andM102.1. 

DWELLING UNIT. A single unit consisting of one or more 
habitable rooms and occupied or arranged to be occupied as a 
unit separate from all other units within a dwelling. See Section 
310.2. 

DWELLING UNIT (ACCESSIBILITY). See Section 
1102.1. 

DWELLING UNIT OR SLEEPING UNIT, 
MULTI-STORY. See Section 1102.1. 

DWELLING UNIT OR SLEEPING UNIT, TYPE B. See 

Section 1102.1. 



2008 NEW YORK CITY BUILDING CODE 



13 



DEFINITIONS 



EFFECTIVE DAMPING. See Section 1613.1. 

EFFECTIVE DEPTH OF SECTION (d). See Section 
1902.1. 

EFFECTIVE HEIGHT. See Section 2102.1. 

EFFECTIVE STIFFNESS. See Section 1613.1. 

EFFECTIVE WIND AREA. See Section 1609.2. 

EGRESS COURT. See Section 1002.1, 

1 ELEMENT. See Sections 1602.1 and 1624.1. 

Ductile element See Section 1602.1. 

Limited ductile element. See Section 1602.1. 

Nonductile element. See Section 1602.1. 

EMERGENCY ALARM SYSTEM. See Section 902.1. 

EMERGENCY CONTROL STATION. See Section 415.2. 

EMERGENCY ESCAPE AND RESCUE OPENING. See 
Section 1002.1. 

EMERGENCY VOICE/ALARM COMMUNICATIONS. 
See Section 902.1. 

EMPLOYEE WORK AREA. See Section 1102.1. 

ENGINEER. A person licensed and registered to practice the 
profession of engineering under the Education Law of the State 
of New York. 

ENLARGEMENT. An addition. 

EQUIPMENT SUPPORT. See Section 1602.1. 

ESSENTIAL FACILITIES. See Section 1602.1. 

EXHAUSTED ENCLOSURE. See Section 415.2. 

EXISTING CONSTRUCTION. See Section G201.2. 

EXISTING STRUCTURE, (i) A building or structure in exis- 
tence prior to the effective date of this code or one for which a 
lawful building permit was issued for the erection of such 
building or structure prior to the effective date of this code, (ii) 
A building or structure erected in accordance with the 1968 
building code under a lawful building permit issued for the 
erection of such building or structure after the effective date of 
this code in accordance with Section 28-101.4.2 of the Admin- 
istrative Code. See Section 28-101.5 of the Administrative 
Code. 

EXISTING STRUCTURE (FOR FLOOD ZONE PUR- 
POSES). See Section G201.2. 

EXIT. See Section 1002.1. 

EXIT ACCESS. See Section 1002.1. 

EXIT DISCHARGE. See Section 1002.1. 

EXIT DISCHARGE, LEVEL OF. See Section 1002.1. 

EXIT ENCLOSURE. See Section 1002.1. 

1 EXIT, HORIZONTAL. See Section 1002.1. 

EXIT PASSAGEWAY. See Section 1002.1. 

EXPANDED VINYL WALL COVERING. See Section 
802.1. 



EXPLOSION. An effect produced by the sudden violent 1 
expansion of gases, that is accompanied by a Shockwave or dis- 
ruption of enclosing materials or structures, or both. | 

EXPLOSIVE. See Section 307.2. 

High explosive. See Section 307.2. 

Low explosive. See Section 307.2. 
UN/DOTn Class 1 Explosives. See Section 307.2. 

Division 1.1. See Section 307.2. 

Division 1.2. See Section 307.2. 

Division 1.3. See Section 307.2. 

Division 1.4. See Section 307.2. 

Division 1.5. See Section 307.2. 

Division 1.6. See Section 307.2. 

EXTERIOR INSULATION FINISH SYSTEM (EIFS). See I 
Section 1402.1. | 

EXTERIOR SURFACES. See Section 2502.1. 

EXTERIOR WALL. See Section 1402.1. 

EXTERIOR WALL COVERING. See Section 1402.1. 

EXTERIOR WALL ENVELOPE. See Section 1402.1. 

F RATING. See Section 702.1. 

FABRICATED ITEM. Products and assemblies regulated by 
this code, that are custom manufactured, or built prior to their 
incorporation into the work at the job site. Fabricated items 
shall not include listed, labeled or approved products or assem- 
blies. See Section 1702.1. 

FABRICATION AREA. See Section 415.2. 

FACILITY. See Section 1102.1. 

FACTORED LOAD. See Section 1602.1. 

FAMILY. See Section 310.2. 

FIBERBOARD. See Section 2302.1. 

FIBER CEMENT SIDING. See Section 1402.1. 

FIRE ALARM BOX, MANUAL. See Section 902.1, 

FIRE ALARM CONTROL PANEL. See Section 902.1. 

FIRE ALARM SIGNAL. See Section 902.1. 

FIRE ALARM SYSTEM. See Section 902. 1 . 

FIRE AREA. See Section 702.1. 

FIRE BARRIER. See Section 702.1. 

FIRE COMMAND CENTER. See Section 902.1. 

FIRE DAMPER. See Section 702.1. 

FIRE DETECTOR, AUTOMATIC. See Section 902.1. 

FIRE DOOR. See Section 702.1. 

FIRE DOOR ASSEMBLY. See Section 702.1. 

FIRE EXIT HARDWARE. See Section 1002.1. 

FIRE PARTITION. See Section 702.1. 



14 



2008 NEW YORK CITY BUILDING CODE 



DEFINITIONS 



1 FIRE PROTECTION PLAN. See Section 28-101.5 of the 
Administrative Code. 

FIRE PROTECTION RATING. See Section 702.1. 

FIRE PROTECTION SYSTEM. See Section 902.1. 

FIRE RESISTANCE. See Section 702.1. 

FIRE-RESISTANCE RATING. See Section 702.1. 

FIRE-RESISTANT JOINT SYSTEM. See Section 702.1. 

FIRE SAFETY FUNCTIONS. See Section 902.1. 

FIRE SEPARATION DISTANCE. See Section 702.1. 

FIRE WALL. See Section 702. 1. 

FIRE WINDOW ASSEMBLY. See Section 702.1. 

FIREBLOCKING. See Section 702.1. 

I FIRECUTTING. See Section 2302.1. 

FIREPLACE. See Section 2102.1. 

FIREPLACE THROAT. See Section 2102.1. 

1 FIRESTOPPING. See Section 702.1. 

FIREWORKS. See Section 307.2. 

FIREWORKS, 1.3G. See Section 307.2. 

FIREWORKS, 1.4G. See Section 307.2. 

FLAME RESISTANCE. See Section 802.1. 

FLAME SPREAD. See Section 802.1. 

FLAME SPREAD INDEX. See Section 802.1. 

FLAMMABLE GAS. See Section 307.2. 

FLAMMABLE LIQUEFIED GAS. See Section 307.2. 

FLAMMABLE LIQUID. See Section 307.2. 

Class IA. See Section 307.2. 

Class IB. See Section 307.2. 

Class IC. See Section 307.2. 

FLAMMABLE MATERIAL. See Section 307.2. 

FLAMMABLE SOLID. See Section 307.2. 

FLAMMABLE VAPORS OR FUMES. See Section 415.2. 

FLASH POINT. See Section 307.2. 

FLEXIBLE EQUIPMENT CONNECTIONS. See Section 
1602.1. 

FLEXURAL LENGTH. See Section 1808.1. 

1 FLOOD OR FLOODING. See Section G201 .2. 

FLOOD DAMAGE-RESISTANT MATERIALS. See Sec- 
tion G201. 2. 

FLOOD INSURANCE RATE MAP (FIRM). See Section 
G201.2. 

FLOOD INSURANCE STUDY. See Section G201.2. 

FLOODPROOFING, DRY. See Section G201.2. 

FLOODPROOFING, WET. See Section G201.2. 

FLOODWAY. See Section G201 .2. 



FLOOR AREA, GROSS. See Section 1002.1. 

FLOOR AREA, NET. See Section 1002, 1 . 

FLOOR FIRE DOOR ASSEMBLY. See Section 702.1. 

FLUE. See Section 2102.1. 

FLUE, APPLIANCE. See Section 2102.1. 

FLUE GASES. See Section 2102.1. 

FLUE LINER (LINING). See Section 2102.1. 

FLY GALLERY. See Section 410.2. 

FOAM-EXTINGUISHING SYSTEM. See Section 902.1. 

FOAM PLASTIC INSULATION. See Section 2602.1. 

FOLDING AND TELESCOPIC SEATING. See Section 
1002.1. 

FOOD COURT. See Section 402.2. 

FOOTING. See Section 3201.8. 

FRAME. See Section 1602.1. 

Braced frame. See Section 1602.1. 

Concentrically braced frame (CBF). See Section 1 602. 1 . 

Eccentrically braced frame (EBF). See Section 1602.1. 

Ordinary concentrically braced frame (OCBF). See Sec- 
tion 1602.1. 

Special concentrically braced frame (SCBF). See Section 
1602.1. 

Moment frame. See Section 1602.1. 

FRONTAGE SPACE. See Section 502.1. 

FUNCTIONALLY DEPENDENT FACILITY. See Section 
G201.2. 

GAS CABINET. See Section 415.2. 

GAS ROOM. See Section 415.2. 

GLASS FIBERBOARD. See Section 721.1.1 . 

GLUED BUILT-UP MEMBER. See Section 2302. 1 . 

GRADE (LUMBER). See Section 2302.1. 

GRADE PLANE. See Section 502.1. 

GRANDSTAND. See Section 1002.1. 

GRANULAR SOILS. See Section 1804.2.1. 

Dense (Class 3a). See Section 1804.2.1. 

Medium (Class 3b). See Section 1804.2.1. 

Loose (Class 6). See Section 1804.2.1. 
GREENROOF. See Section 1502. 1 . 
GRIDIRON. See Section 410.2. 
GROSS LEASABLE AREA. See Section 402.2. 
GROUND SIGN. See Section H102.1. 
GROUP HOME. See Section 310.2. 
GROUT. See Section 2102.1. 
GROUTED MASONRY. See Section 2102.1. 



2008 NEW YORK CITY BUILDING CODE 



15 



DEFINITIONS 



Grouted hollow-unit masonry. See Section 2102.1. 

Grouted multiwythe masonry. See Section 2102.1. 

GUARD. See Sections 1002.1 and 1602.1. 

GUARDRAIL SYSTEM (SCAFFOLD). See Section 
3302.1. 

GUY. See Section 3302.1. 

GYPSUM BOARD. See Section 2502. 1 . 

GYPSUM PLASTER. See Section 2502.1. 

GYPSUM VENEER PLASTER. See Section 2502.1. 

1 HABITABLE SPACE. See Section 1202.1. 

HALOGENATED EXTINGUISHING SYSTEM. See Sec- 
tion 902.1. 

HANDLING. See Section 307.2. 

HANDRAIL. See Section 1002.1. 

HARDBOARD. See Section 2302.1. 

HAZARDOUS CONTENTS. See Section 1613.1. 

HAZARDOUS MATERIALS. See Section 307.2. 

HAZARDOUS PRODUCTION MATERIAL (HPM). See 
Section 415.2. 

HEAD JOINT. See Section 2102.1. 

HEADER (Bonder). See Section 2102.1 . 

HEALTH HAZARD. See Section 307.2. 

I HEAVY DUTY SIDEWALK SHED. See Section 3302.1. 

HEIGHT, BUILDING. See Section 502.1. 

HEIGHT, STORY. See Section 502.1. 

HEIGHT, WALLS. See Section 2102.1. 

HELIPORT. See Section 412.5.2. 

HELISTOP. See Section 412.5.2. 

HEREAFTER. On or after the effective date of this code. 

HERETOFORE. Before the effective date of this code. 

HIGH-PRESSURE BOILER. See Section 28-401.3. 

HIGHLY TOXIC MATERIAL. See Section 307.2. 

HISTORIC STRUCTURE. See Section G201.2. 

HOISTING EQUIPMENT. See Section 3302.1. 

HOISTING MACHINE. See Section 3302.1. 

HOISTING MECHANISM. See Section 3302.1. 

HPM FLAMMABLE LIQUID. See Section 415.2. 

HPM ROOM. See Section 415.2. 

HURRICANE-PRONE REGIONS. See Section 1609.2. 

IMMEDIATELY DANGEROUS TO LIFE AND HEALTH 

(IDLH). See Section 415.2. 

IMPACT LOAD. See Section 1602.1. 
IMPORTANCE FACTOR, /. See Section 1609.2. 
INCOMPATIBLE MATERIALS. See Section 307.2. 



INDUSTRIAL EQUIPMENT PLATFORM. See Section 
502.1. 

INITIATING DEVICE. See Section 902.1. 

INSPECTION CERTIFICATE. See Section 1702.1. 

INTENDED TO BE OCCUPIED AS A RESIDENCE. See 
Section 1102.1. 

INTERIOR FINISH. See Section 802.1. 

INTERIOR FLOOR FINISH. See Section 802.1. 

INTERIOR SURFACES. See Section 2502.1. 

INTERIOR WALL AND CEILING FINISH. See Section 
802.1. 

INTERLAYMENT. See Section 1502.1. 

INVERTED PENDULUM-TYPE STRUCTURES. See 
Section 1613.1. 

ISOLATION INTERFACE. See Section 1613.1. 

ISOLATION JOINT. See Section 1902.1. 

ISOLATION SYSTEM. See Section 1613.1. 

ISOLATOR UNIT. See Section 1613.1. 

JIB. See Section 3302.1. I 

JOINT. See Section 1 602. 1 . 4* 

JUMP (JUMPING). See Section 3302. 1 . I 

KEY ELEMENT. See Section 1624.1. 

KITCHEN. See Section 1202.1. 

KITCHENETTE. See Section 1202.1. 

LABEL. See Section 1702.1. 

LABORATORY BUILDING. See Section 419.4. 

LABORATORY CHEMICAL. See Section 419.4. 

LABORATORY, NONPRODUCTION. See Section 419.4. 

LABORATORY UNIT. See Section 419.4. 

LAY. See Section 3302.1. 

LETTER OF MAP AMENDMENT (LOMA). See Section 
G201.2. 

LETTER OF MAP REVISION BASED ON FILL 
(LOMR-F). See Section G201.2. 

LIGHT-DIFFUSING SYSTEM. See Section 2602.1. 

LIGHT DUTY SIDEWALK SHED. See Section 3302.1. 

LIGHT-FRAME CONSTRUCTION. A type of construction 
whose vertical and horizontal structural elements are primarily 
formed by a system of repetitive wood or light gage steel fram- 
ing members. 

LIGHT-TRANSMITTING PLASTIC ROOF PANELS. 
See Section 2602.1. 

LIGHT-TRANSMITTING PLASTIC WALL PANELS. 
See Section 2602.1. 

LIMIT STATE. See Section 1602.1. 



16 



2008 NEW YORK CITY BUILDING CODE 



DEFINITIONS 



LIMITED AREA SPRINKLER SYSTEM. See Section 
902.1. 

LIMITED PLUMBING ALTERATIONS. See Section 
28-101.5 of the Administrative Code, 

LIMITED SPRINKLER ALTERATIONS. See Section 
28-101.5 of the Administrative Code. 

LIMITED STANDPIPE ALTERATIONS. See Section 
28-101.5 of the Administrative Code. 

LIQUID. See Section 415.2. 

LIQUID STORAGE ROOM. See Section 415.2, 

LIQUID USE, DISPENSING AND MIXING ROOMS. See 
Section 415.2. 

■ LISTED. See Section 902.1 of this codej and Section 
28-101.5 of the Administrative Code. 

LIVE LOADS. See Section 1602.1. 

LIVE LOADS (ROOF), See Section 1602.1. 

LOAD. See Section 1613.1. 

Gravity load (W). See Section 1613.1. 

i LOAD (WORKING). See Section 3302.1. 

LOAD AND RESISTANCE FACTOR DESIGN (LRFD). 
See Section 1602.1. 

LOAD FACTOR. See Section 1602.1. 

I LOAD RATINGS. See Section 3302.1. 
LOAD RATING CHART. See Section 3302.1. 
LOADS. See Section 1602.1. 
LOADS EFFECTS. See Section 1602.1. 
I LOCAL COLLAPSE. See Section 1624.1. 

LOT. A portion or parcel of land considered as a unit. 

LOT LINE. A line dividing one lot from another, or from a 
street or any public place. 

LOWER FLAMMABLE LIMIT (LFL). See Section 415.2. 

I LOWER LOAD BLOCK. See Section 3302.1. 
LOWEST FLOOR. See Section G201.2. 
MAILBOXES. See Section E102.1. 

MAIN WINDFORCE-RESISTING SYSTEM. See Section 
1609.2. 

MALL. See Section 402.2. 

MANUAL FIRE ALARM BOX. See Section 902.1. 

MANUFACTURED HOME. See Section G201.2. 

MANUFACTURED HOME PARK OR SUBDIVISION. 
See Section G201. 2. 

MANUFACTURER'S DESIGNATION. See Section 
1702.1. 

MARK. See Section 1702.1. 

MANUFACTURED HOME PARK OR SUBDIVISION. 
See Section G20 1.2. 



MARKET VALUE OF STRUCTURE. See Section G201 .2. I 

MARQUEE. A permanent roofed structure attached to and 
supported by the building and that projects into the public 
right-of-way. 

MASONRY. See Section 2102.1. 

Ashlar masonry. See Section 2102.1. 

Coursed ashlar. See Section 2102.1. 

Glass unit masonry. See Section 2102.1. 

Plain masonry. See Section 2102.1. 

Random ashlar. See Section 2102.1. 

Reinforced masonry. See Section 2102.1. 

Solid masonry. See Section 2102.1. 
MASONRY UNIT. See Section 2102.1. 

Clay. See Section 2102.1. 

Concrete. See Section 2102.1. 

Hollow. See Section 2102.1. 

Solid. See Section 2102.1. 

MAST-CLIMBING WORK PLATFORMS. See Section 
3302.1. 

MATERIAL HANDLING EQUIPMENT. See Section 
3302.1. 

MATERIAL HOIST (MATERIAL HOISTING EQUIP- 
MENT). See Section 3302.1. 

MAXIMUM CONSIDERED EARTHQUAKE. See Section 
1613.1. 

MEAN DAILY TEMPERATURE. See Section 2102.1. 

MEAN ROOF HEIGHT. See Section 1609.2. 

MEANS OF EGRESS. See Section 1002.1. 

MECHANICAL-ACCESS OPEN PARKING GARAGES. 

See Section 406.3.2. 

MECHANICAL EQUIPMENT SCREEN. See Section 
1502.1. 

MEMBRANE-COVERED CABLE STRUCTURE. See 

Section 3102.2. 

MEMBRANE-COYERED FRAME STRUCTURE. See 

Section 3102.2. 

MEMBRANE PENETRATION. See Section 702.1. 

MEMBRANE-PENETRATION FIRESTOP. See Section 
702.1. 

METAL COMPOSITE MATERIAL (MCM). See Section 
1402.1. 

METAL COMPOSITE MATERIAL (MCM) SYSTEM. 
See Section 1402.1. 

METAL ROOF PANEL. See Section 1502.1. 

METAL ROOF SHINGLE. See Section 1502.1. 

MEZZANINE. See Section 502. 1 . 

MINERAL BOARD. See Section 721.1.1. 



2008 NEW YORK CITY BUILDING CODE 



17 



DEFINITIONS 



MOBILE CRANE. See Section 3302.1. 

MOBILE SCAFFOLD. See Section 3302.1. 

MODIFIED BITUMEN ROOF COVERING. See Section 
1502.1. 

MORTAR. See Section 2102.1. 

MORTAR, SURFACE-BONDING. See Section 2102.1. 

MULTILEVEL ASSEMBLY SEATING. See Section 
1102.1. 

MULTIPLE-STATION ALARM DEVICE. See Section 
902.1. 

MULTIPLE-STATION SMOKE ALARM. See Section 
902.1. 

MULTIPOINT ADJUSTABLE SUSPENSION SCAF- 
FOLD. See Section 3302.1. 

NAILING, BOUNDARY. See Section 2302.1. 

NAILING, EDGE. See Section 2302. 1 . 

NAILING, FIELD. See Section 2302.1. 

NATIONAL GEODETIC VERTICAL DATUM (NGVD). 
See Section G20 1.2. 

NATURALLY DURABLE WOOD. See Section 2302.1. 

Decay resistant. See Section 2302.1. 

Termite resistant See Section 2302.1. 
NEW CONSTRUCTION. See Section G201.2. 
NOMINAL LOADS. See Section 1602.1. 
NOMINAL SIZE (LUMBER). See Section 2302.1. 
NONBUILDING STRUCTURE. See Section 1613.1. 

NONCOMBUSTIBLE MEMBRANE STRUCTURE. See 

Section 3102.2. 

NONRESIDENTIAL (FOR FLOOD ZONE PURPOSES). 

See Section G201. 2. 

NORMAL TEMPERATURE AND PRESSURE (NTP). 
See Section 415.2. 

NOSING. See Section 1002.1. 

NOTATIONS. See Sections 1602.1 and 2102.1. 

OCCUPANCY. The purpose or activity for which a building 
or space is used or is designed, arranged or intended to be used. 

OCCUPANCY IMPORTANCE FACTOR. See Section 
1613.1. 

OCCUPANT LOAD. See Section 1002.1. 

OCCUPIABLE SPACE. See Section 1202.1. 

OPEN EXTERIOR SPACE. See Section 1002.1. 

OPEN PARKING GARAGE. See Section 406.3.2. 

OPEN PARKING LOT. See Section 406.3.2. 

OPEN SYSTEM. See Section 307.2. 

ORDINARY REPAIRS. See Section 28-105.4.2.1. 



ORGANIC PEROXIDE. See Section 307.2. 

Class I. See Section 307.2. 

Class II. See Section 307.2. 

Class III. See Section 307.2. 

Class IV. See Section 307.2. 

Class V. See Section 307.2. 

Unclassified detonable. See Section 307.2. 

OTHER STRUCTURES, See Section 1602.1. 

OUTRIGGER (CRANE). See Section 3302.1. 

OUTRIGGER (SCAFFOLD). See Section 3302.1. 

OUTRIGGER BEAM (THRUSTOUT). See Section 3302. 1. 

OUTRIGGER SCAFFOLD. See Section 3302.1. 

OWNER. Any person, agent, firm, partnership, corporation or 
other legal entity having a legal or equitable interest in, or con- 
trol of the premises. 

OXIDIZER. See Section 307.2. 

Class 4. See Section 307.2. 

Class 3. See Section 307.2. 

Class 2. See Section 307.2. 

Class 1. See Section 307.2. 

OXIDIZING GAS. See Section 307.2. 

P-DELTA EFFECT. See Section 1602.1. 

PANEL (PART OF A STRUCTURE). See Section 1602.1. 

PANIC HARDWARE. See Section 1002.1. 

PARKING GARAGE. See Section 406.2.2. 

PARTIAL DEMOLITION. See Section 3302.1. 

PARTICLE BOARD. See Section 2302.1. 

PEDESTAL. See Section 1902.1. 

PENETRATION FIRESTOP. See Section 702.1. 

PENTHOUSE. See Section 1502.1. 

PERFORATED SHEAR WALL. See Section 2302.1. 

PERFORATED SHEAR WALL SEGMENT. See Section 
2302.1. 

PERMIT. An official document or certificate issued by the 
commissioner that authorizes performance of specified work I 
or activity. 1 

PERSON. An individual, partnership, corporation, or other 
legal entity. 

PERSONAL CARE SERVICE. See Section 3 10.2. 

PERSONNEL HOIST. See Section 3302.1. 

PHYSICAL HAZARD. See Section 307.2. 

PIER FOUNDATIONS. See Section 1808.1. 

Belled piers. See Section 1808.1. 



18 



2008 NEW YORK C!TY BUILDING CODE 



DEFINITIONS 



PILE FOUNDATIONS. See Section 1808.1. 

i Augered-cast-in-place piles. See Section 1808.1. 

Caisson piles. See Section 1808.1. 

i Compacted concrete piles. See Section 1808.1. 

Concrete-filled steel pipe and tube piles. See Section 
1808.1. 

Driven uncased piles. See Section 1808.1. 

Enlarged base piles. See Section 1808.1. 

H-Piles. See Section 1808.1. 

Steel-cased piles. See Section 1808.1. 

Jacked piles. See Section 1808.1. 

Micro-piles/mini-piles. See Section 1808.1. 

Open end pipe pile. See Section 1808.1. 

PINRAIL. See Section 410.2. 

PLAIN CONCRETE. See Section 1902.1. 

PLAIN REINFORCEMENT. See Section 1902.1. 

PLASTIC, APPROVED. See Section 2602.1. 

PLASTIC GLAZING. See Section 2602.1. 

PLASTIC HINGE. See Section 2102.1. 

PLATFORM. See Sections 410.2 and 3302.1. 

POLE SIGN. See Section H102.1. 

POSITIVE ROOF DRAINAGE. See Section 1502.1. 

POSTFIRE SMOKE PURGE SYSTEM. See Section 
909.1.1. 

POSTFIRM DEVELOPMENT. See Section G201.2. 

POSTFIRM STRUCTURE. See Section G201.2. 

POSTTENSIONING. See Section 1902.1. 

POWER BUGGIES. See Section 3302.1. 

PRECAST CONCRETE. See Section 1902.1. 

PREFIRM DEVELOPMENT. See Section G201.2. 

PREFIRM STRUCTURE. See Section G201.2. 

PREMISES. Land, improvements thereon, or any part 
thereof. 

PRESERVATIVE-TREATED WOOD. See Section 2302.1. 

PRESIGNAL SYSTEM. See Section 902.1. 

PRESSURIZATION. See Section 909.1.1. 

PRESTRESSED CONCRETE. See Section 1902.1. 

PRESTRESSED MASONRY. See Section 2102.1. 

PRE-STRESSING STEEL. See Section 1902.1. 

PRETENSIONING. See Section 1902.1. 

PRIMARY STRUCTURE. See Sections 1627.5. 

PRISM. See Section 2102.1. 

PRIVATE GARAGE. See Section 406.1.2. 

PROJECTING SIGN. See Sections 3201.8 and H102.1. 



PROSCENIUM WALL. See Section 410.2. 

PUBLIC ENTRANCE. See Section 1 102.1. 

PUBLIC-USE AREAS. See Section 1102.1. 

PUBLIC WAY. See Section 1002.1. 

PYROPHORIC MATERIAL. See Section 307.2. 

PYROTECHNIC COMPOSITION. See Section 307.2. 

QUALIFIED PERSON. See Section 3302.1. 

RAMP. See Section 1002.1. 

RAMP-ACCESS OPEN PARKING GARAGES. See Sec- 
tion 406.3.2. 

RECORD DRAWINGS. See Section 902.1. 

RECREATIONAL VEHICLE. See Section G201.2. 

REFERENCE RESISTANCE (D). See Section 2302.1. 

REGISTERED DESIGN PROFESSIONAL. An architect 
or engineer. 

REGISTERED DESIGN PROFESSIONAL OF 
RECORD. The registered design professional who prepared 
or supervised the preparation of applicable construction docu- 
ments filed with the department. 

REINFORCED CONCRETE. See Section 1902.1. 

REINFORCED PLASTIC, GLASS FIBER. See Section 
2602.1. 

REINFORCEMENT. See Section 1902.1. 

REPAIR. The reconstruction or renewal of any part of an exist- 
ing building for the purpose of its maintenance. 

REQUIRED. Required by this code. 

REQUIRED STRENGTH. See Sections 1602.1 and2102.1. 

REROOFING. See Section 1502.1. 

RESHORES. See Section 1902.1. 

RESIDENTIAL CARE/ASSISTED LIVING FACILI- 
TIES. See Section 310.2. 

RESIDENTIAL (FOR FLOOD ZONE PURPOSES). See 
Section G20 1.2. 

RESISTANCE FACTOR. See Section 1602.1. 

RESPONSE RATIO. See Section 1624.1. 

RESTRICTED ENTRANCE. See Section 1102.1. 

RETRACTABLE AWNING. See Section 3105.2. 

ROOF ASSEMBLY. See Section 1502.1. 

ROOF COVERING. See Section 1502.1. 

ROOF COVERING SYSTEM. See Section 1502.1. 

ROOF DECK. See Section 1 502. 1 . 

ROOF RECOVER. See Section 1 502. 1 . 

ROOF REPLACEMENT. See Section 1502.1. 

ROOF SIGN. See Section H102.1. 

ROOF VENTILATION. See Section 1502.1. 

ROOFTOP STRUCTURE. See Section 1502.1. 



2008 NEW YORK CITY BUILDING CODE 



19 



DEFINITIONS 



ROOMING HOUSE. See Section 310.2. 
ROPE. See Section 3302.1. 
ROTATION. See Section 1624.1. 
RUBBLE MASONRY. See Section 2102.1. 

Coursed rubble. See Section 2102.1. 

Random rubble. See Section 2102.1. 

Rough or ordinary rubble. See Section 2102.1. 
RUNBACK STRUCTURE. See Section 3302.1. 
RUNNING BOND. See Section 2102.1. 
SAFE AREA. See Section 1002.1. 
SANDY GRAVEL AND GRAVELS. See Section 1804.2.1. 

Dense (Class 2a). See Section 1804.2.1. 

Medium (Class 2b). See Section 1804.2.1. 

Loose (Class 6). See Section 1804.2.1. 

SAND DUNES. See Section G201.2. 

SCAFFOLD. See Section 3302. 1 . 

SCISSOR STAIR. See Section 1002.1. 

SEATING SECTION. See Section 1002.1. 

SEISMIC DESIGN CATEGORY. See Section 1613.1. 

SEISMIC-FORCE-RESISTING SYSTEM. See Section 
1613.1. 

SEISMIC FORCES. See Section 1613.1. 

SEISMIC USE GROUP. See Section 1613.1. 

SELF-CLOSING. See Section 702.1. 

SELF-SERVICE STORAGE FACILITY. See Section 
1102.1. 

SERVICES. See Section 1102.1. 

SERVICE CORRIDOR. See Section 415.2. 

SERVICE ENTRANCE. See Section 1102.1. 

SHAFT. See Section 702.1. 

SHAFT ENCLOSURE. See Section 702.1, 

SHEAR PANEL. See Section 1602.1. 

SHEAR WALL. See Sections 1602.1, 1613.1 and 2102.1 and 
2302.1. 

Detailed plain masonry shear wall. See Section 2102.1. 

Intermediate pre-stressed masonry shear wall. See Sec- 
tion 2102.1. 

Intermediate reinforced masonry shear wall. See Section 
2102.1. 

Ordinary plain masonry shear wall. See Section 2 1 02. 1 . 

Ordinary plain pre-stressed masonry shear wall. See 

Section 2102.1. 

Ordinary reinforced masonry shear wall. See Section 
2102.1. 

Perforated shear wall. See Section 2302.1. 



Perforated shear wall segment. See Section 2302.1. 

Special reinforced masonry shear wall. See Section 
2102.1. 

type I shear wall. See Section 2202.1. 

Type II shear wall. See Section 2202.1. 

Type II shear wall segment. See Section 2202.1. 

SHEAR WALL-FRAME INTERACTIVE SYSTEM. See 

Section 1613.1. 

SHELL. See Section 2102.1. 
SHORES. See Section 1902.1. 
SHOTCRETE. See Section 1914.1. 
SIGN. See Sections 3201.8 and H102.1. 
SIGN STRUCTURE. See Section H102.1. 
SILTS AND CLAY SLITS. See Section 1804.2.1. 

Dense (Class 5a). See Section 1 804.2. 1. 

Medium (Class 5b). See Section 1804.2.1. 

Loose (Class 6). See Section 1804.2.1. 

SINGLE-POINT ADJUSTABLE SUSPENSION SCAF- 
FOLD. See Section 3302.1. 

SINGLE-PLY MEMBRANE. See Section 1502,1. 

SINGLE-STATION SMOKE ALARM. See Section 902.1. 

SITE. See Section 1102.1. 

SITE CLASS. See Section 1613.1. 

SITE COEFFICIENTS. See Section 1613.1. 

SKYLIGHT, UNIT. A factory-assembled, glazed fenestration 
unit, containing one panel of glazing material that allows for 
natural lighting through an opening in the roof assembly while 
preserving the weather-resistant barrier of the roof. 

SKYLIGHTS AND SLOPED GLAZING. Glass or other 
transparent or translucent glazing material installed at a slope 
of 15 degrees (0.26 rad) or more from vertical. Glazing mate- 
rial in skylights, including unit skylights, solariums, sunrooms, 
roofs and sloped walls, are included in this definition. 

SLEEPING UNIT. See Section 310.2. 

SLEEPING UNIT (ACCESSIBILITY). See Section 1 102. 1 . 

SMOKE. See Section 909.1.1. 

SMOKE ALARM. See Section 902.1. 

SMOKE BARRIER. See Section 702.1. 

SMOKE COMPARTMENT. See Section 702.1. 

SMOKE CONTROL MODE. See Section 909.1.1. 

SMOKE CONTROL SYSTEM, MECHANICAL. See Sec- 
tion 909.1.1, 

SMOKE CONTROL SYSTEM, PASSIVE. See Section 
909.1.1. 

SMOKE CONTROL ZONE. See Section 909.1.1. 

SMOKE DAMPER. See Section 702.1. 

SMOKE DETECTOR. See Section 902.1. 



20 



2008 NEW YORK CITY BUILDING CODE 



DEFINITIONS 



SMOKE-DEVELOPED INDEX. See Section 802.1. 

1 SMOKE PARTITION. See Section 702. 1 . 

SMOKE-PROTECTED ASSEMBLY SEATING. See Sec- 
tion 1002.1. 

SMOKEPROOF ENCLOSURE. See Section 902.1. 

SOLID. See Section 415.2. 

SPACE FRAME. See Section 1602.1. 

SPECIAL AMUSEMENT BUILDING. See Section 41 1.2. 

SPECIAL INSPECTION. See Section 1702.1. 

SPECIAL INSPECTION, CONTINUOUS. See Section 
1702.1. 

SPECIAL INSPECTION, PERIODIC. See Section 1702. 1 . 

SPECIAL INSPECTOR. An individual having required 
qualifications and authorized by the department to perform or 
witness particular special inspections required by this code or 
by the rules of the department, including but not limited to a 
qualified registered design professional so authorized. See 
Section 1702.1 and Chapter 1 of Title 28 of the Administrative 
Code. 

SPECIAL FLOOD HAZARD AREA. See Section G201.2. 

SPECIAL TRANSVERSE REINFORCEMENT. See Sec- 
tion 1602.1. 

SPECIFIC LOCAL LOAD. See Section 1624.1. 

SPECIFIC LOCAL RESISTANCE METHOD. See Section 
1624.1. 

SPECIFIED. See Section 2102.1. 

SPECIFIED COMPRESSIVE STRENGTH OF 
MASONRY (f J. See Section 2102.1. 

SPIRAL REINFORCEMENT. See Section 1902.1. 

SPRAYED FIRE-RESISTANT MATERIALS. See Section 
1702.1. 

STACK BOND. See Section 2102.1. 

STAGE. See Section 410.2. 

STAIR. See Section 1002.1. 

STAIRWAY. See Section 1002.1. 

STAIRWAY, EXTERIOR. See Section 1002.1. 

STAIRWAY, INTERIOR. See Section 1002.1. 

STAIRWAY, SPIRAL. See Section 1002.1. 

STACK EFFECT. See Section 909.1.1. 

STANDARD CUBIC FEET (SCF). See Section 307.2. 

STANDARD GUARDRAIL SYSTEM (SCAFFOLD). See 
Section 3302.1. 

STANDPIPE SYSTEM. See Section 902.1. 

Automatic dry. See Section 902.1. 

Automatic wet. See Section 902.1. 

Manual dry. See Section 902.1. 

Manual wet. See Section 902. 1 . 



Semiautomatic dry. See Section 902.1. 
STANDPIPE SYSTEM, CLASSES OF. See Section 902.1. 

Class I system. See Section 902.1. 

Class II system. See Section 902.1. 

Class III system. See Section 902.1. 

START OF CONSTRUCTION. See Section G201 .2. 1 

STEEL CONSTRUCTION, COLD-FORMED. See Section 
2202.1. 

STEEL JOIST. See Section 2202.1. 

STEEL MEMBER, STRUCTURAL. See Section 2202.1. 

STEEP SLOPE. A roof slope greater than two units vertical in 
12 units horizontal (17-percent slope). 

STRIPPING OPERATIONS. See Section 1902.1. 1 

STIRRUP. See Section 1 902. 1 . I 

STONE MASONRY. See Section 2102.1. 

Ashlar stone masonry. See Section 2102.1. 

Rubble stone masonry. See Section 2102.1. 

STORAGE CABINET. See Section 419.4. 

STORAGE ROOM. See Section 419.4. 

STORY. That portion of a building included between the upper 
surface of a floor and the upper surface of the floor or roof next 
above (also see "Basement" "Mezzanine" and Section 502.1). 
It is measured as the vertical distance from top to top of two 
successive tiers of beams or finished floor surfaces and, for the 
topmost story, from the top of the floor finish to the top of the 
ceiling joists or, where there is not a ceiling, to the top of the 
roof rafters. 

STORY ABOVE GRADE PLANE. Any story having its fin- 
ished floor surface entirely above grade plane, except that a 
basement shall also be considered a story above grade plane I 
(also see "Basement" and "Story"). See Section 502.1. 1 

STORY DRIFT RATIO. See Section 1613.1. 

STREET. See Section 3201.8. 

STREET FLOOR. A floor, usually the principal entrance 
floor, that is not more than one-half story above or below grade 
at the location from which egress is provided to the street. 

STREET LINE. See Section 3201.8. 

STRENGTH, NOMINAL. See Sections 1602.1 and 2102.1. 1 

STRENGTH, REQUIRED. See Sections 1602. 1 and 2102. 1 . I 

STRENGTH, DESIGN. See Section 1602.1. 

STRUCTURAL CONCRETE. See Section 1902.1. 

STRUCTURAL GLUED-LAMINATED TIMBER. See 
Section 2302.1. 

STRUCTURAL NET OR NETTING. See Section 3302. 1 . ■ 

STRUCTURE. That which is built or constructed, including 
among others: buildings, stadia, tents, reviewing stands, plat- 
forms, stagings, observation towers, radio towers, tanks, tres- 
tles, open sheds, shelters, fences and display signs. See Section 
28401.5 of the Administrative Code. 



2008 NEW YORK CITY BUILDING CODE 



21 



DEFINITIONS 



SUBDIAPHRAGM. See Section 2302.1. 

SUBSTANTIAL DAMAGE. See Section G201.2. 

SUBSTANTIAL IMPROVEMENT. See Section G201.2. 

SUPERINTENDENT OF CONSTRUCTION. See Section 
28-101.5 of the Administrative Code. 

SUPERSTRUCTURE. See Section 3302.1. 

SUPERVISING STATION. See Section 902.1. 

SUPERVISORY SERVICE. See Section 902.1. 

SUPERVISORY SIGNAL. See Section 902.1. 

SUPERVISORY SIGNAL-INITIATING DEVICE. See 
Section 902.1. 

SUPPORTED SCAFFOLD. See Section 3302.1. 

SUSTAINED WIND. See Section 3302.1. 

SWIMMING POOL. See Section 3109.2. 

SWIMMING POOL, PRIVATE. See Section 3109.2. 

SWIMMING POOL, PUBLIC. See Section 3109.2. 

SWING. See Section 3302.1. 

T RATING. See Section 702.1. 

TEMPORARY SIGN. See Section H102.1. 

TENABLE ENVIRONMENT. See Section 909.1.1. 

TENDON. See Section 1902.1. 

TENT. See Section 3102.2. 

THERMALLY ISOLATED SUNROOM ADDITION. See 

Section 1202.1. 

THERMOPLASTIC MATERIAL, See Section 2602.1. 

THERMOSETTING MATERIAL. See Section 2602.1. 

THROUGH PENETRATION. See Section 702.1. 

THROUGH-PENETRATION FIRESTOP SYSTEM. See 
Section 702.1. 

TIE-DOWN (HOLD-DOWN). See Section 2302.1. 

TIE, LATERAL. See Section 2102.1. 

TIE, WALL. See Section 2102.1. 

TILE. See Section 2102.1. 

TILE, STRUCTURAL CLAY. See Section 2102.1. 

TIRES, BULK STORAGE OF. See Section 902.1. 

TORSIONAL FORCE DISTRIBUTION. See Section 
1613.1. 

TOUGHNESS. See Section 1613.1. 

TOWER. See Section 3302.1. 

TOWER CRANE. See Section 3302.1. 

TOXIC MATERIAL. See Section 307.2. 

TRANSIENT LODGING. See Section E102.1. 

TRANSIT. See Section 3302.1. 

TRAVEL. See Section 3302.1. 

TREATED WOOD. See Section 2302. 1 . 



TRIM. See Section 802.1. 

TROUBLE SIGNAL. See Section 902.1. 

TWO-POINT SUSPENSION SCAFFOLD (SWING 
STAGE). See Section 3302.1. 

UNADJUSTED SHEAR RESISTANCE. See Sections 
2202.1 and 2302.1. 

UNDERLAYMENT. See Section 1502.1. 

UNSTABLE (REACTIVE) MATERIAL. See Section 307.2. 

Class 4. See Section 307.2. 

Class 3. See Section 307.2. 

Class 2. See Section 307.2. 

Class 1. See Section 307.2. 

USE (USED). The purpose for which a building, structure, or 
space is occupied or utilized, unless otherwise indicated by the 
text. Use (used) shall be construed as if followed by the words 
"or is intended, arranged, or designed to be used." 

UTILITY COMPANY OR PUBLIC UTILITY COM- 
PANY. See Section 28-101.5. 

UTILITY CORPORATION OR PUBLIC UTILITY COR- < 
PORATION. See Section 28-101.5. 

VAPOR RETARDER. A vapor-resistant material, membrane 
or covering such as foil, plastic sheeting or insulation facing 
having a permeance rating of 1 perm (5.7x10-11 kg/Pa • s ■ m 2 ) 
or less, when tested in accordance with the dessicant method 
using Procedure A of ASTM E 96. Vapor retarders limit the 
amount of moisture vapor that passes through a material or wall 
assembly. 

VAULT. See Section 3201.8. 

VENEER. See Section 1402.1. 

VENTILATION. The natural or mechanical process of sup- 
plying conditioned or unconditioned air to, or removing such 
air from, any space. 

VISIBLE ALARM NOTIFICATION APPLIANCE. See 
Section 902.1. 

V-ZONE. See Section G201.2. 

WALKWAY, PEDESTRIAN. A walkway used exclusively as 
a pedestrian trafficway. 

WALL. See Section 2102.1. 

Cavity wall. See Section 2102.1. 

Composite wall. See Section 2102.1. 

Dry-stacked, surface-bonded wail. See Section 2102.1. 

Masonry-bonded hollow wall. See Section 2102.1. 

Parapet wall. See Section 2102.1. 
WALL, LOAD-BEARING. See Section 1602.1. 
WALL, NONLOAD-BEARING. See Section 1602.1. 
WALL SIGN. See Section H102.1. 
WATER-REACTIVE MATERIAL. See Section 307.2. 

Class 3. See Section 307.2. 



22 



2008 NEW YORK CITY BUILDING CODE 



DEFINITIONS 



Class 2. See Section 307.2. 

Class 1. See Section 307.2. 

WEATHER-EXPOSED SURFACES. See Section 2502.1. 

WEB. See Section 2102.1. 

WET-CHEMICAL EXTINGUISHING SYSTEM. See 
Section 902.1. 

WHEELCHAIR SPACE. See Section 1102.1. 

WHEEL MOUNTED CRANE (MULTIPLE CONTROL 
STATIONS). See Section 3302.1. 

WHEEL MOUNTED CRANE (SINGLE CONTROL STA- 
TION). See Section 3302.1. 

WIND-BORNE DEBRIS REGION. See Section 1609.2. 

i WINDER. See Section 1002.1. 

WIND-RESTRAINT SEISMIC SYSTEM. See Section 
1613.1. 

WIRE BACKING. See Section 2502.1. 

WIRELESS PROTECTION SYSTEM. See Section 902.1. 

WOOD SHEAR PANEL. See Section 2302.1. 

WOOD STRUCTURAL PANEL. See Section 2302.1. 

Composite panels. See Section 2302.1. 

Oriented strand board (OSB). See Section 2302.1. 

Plywood. See Section 2302.1. 

WORK NOT CONSTITUTING MINOR ALTERATIONS 
OR ORDINARY REPAIRS. See Section 28-105.4.2.1. 

WORKSTATION. See Section 415.2. 

WRITING (WRITTEN). See Section 28-101 .5 of the Admin- 
istrative Code. 

WRITTEN NOTICE. See Section 28-101.5 of the Adminis- 
trative Code. 

WYTHE. See Section 2102.1. 

YARD. An open space, other than a court, unobstructed from 
the ground to the sky, except where specifically provided by 
this code, on the lot on which a building is situated. 

ZONE. See Section 902.1. 

I ZONING RESOLUTION. See Section 28-101 .5. 



2008 MEW YORK CITY BUILDING CODE 23 



24 2008 NEW YORK CITY BUfLDiNG CODE 



CHAPTER 3 

USE AND OCCUPANCY CLASSIFICATION 



I SECTION BC 301 

GENERAL 

301.1 Scope. The provisions of this chapter shall control the 
1 classification of all buildings and structures, and spaces 



therein, as to use and occupancy. 



1 



SECTION BC 302 
CLASSIFICATION 



302.1 General. Structures or portions of structures shall be 
classified with respect to occupancy in one or more of the 
groups listed below. Structures with multiple uses shall be clas- 

Isified according to Section 302. 1 . 1 J . Where a structure, or por- 
tion thereof, is proposed for a purpose which is not specifically 
provided for in this code, such structure, or portion thereof, 
shall be classified in the group which the occupancy most 
nearly resembles, according to the fire safety and relative haz- 
I ard involved, and as approved by the commissioner. 

1. Assembly (see Section 303): Groups A-l, A-2, A-3, 
A-4and A-5. 

2. Business (see Section 304): Group B. 

3. Educational (see Section 305): Group E. 

4. Factory and Industrial (see Section 306): Groups F-l 
and F-2. 

5. High Hazard (see Section 307): Groups H- 1 , H-2, H-3, 
H-4andH-5. 

6. Institutional (see Section 308): Groups 1-1, 1-2, 1-3 and 
1-4. 

7. Mercantile (see Section 309): Group M. 

1 8. Residential (see Section 310): Groups R-l, R-2 and 

R-3. 

9. Storage (see Section 311): Groups S-l and S-2. 

10. Utility and Miscellaneous (see Section 312): Group U. 

For a listing of occupancy group classifications that corre- 
sponds with uses listed in the New York Zoning Resolution, 
refer to department rules. 

302.1.1 Incidental use areas and mixed occupancies includ- 
ing accessory occupancies. Structures with multiple occupan- 
cies or uses shall comply with Section 508. 

302.2 Reserved. 
■ 302.3 Reserved. 
i 302.4 Reserved. 



SECTION BC 303 
ASSEMBLY GROUP A 

303.1 Assembly Group A. Assembly Group A occupancy 
includes, among others, the use of a building or structure or a 



portion thereof, excluding a dwelling unit, for the gathering 1 
together of any number of persons for purposes such as civic, 1 
social or religious functions, recreation, food or drink con- 
sumption, awaiting transportation, or similar group activities; 
or when occupied by 75 persons or more for educational or 
instructional purposes. 

Exceptions: 

1 . A room or space used for assembly purposes by fewer 
than 75 persons and accessory to another occupancy 
shall be included as a part of that occupancy. 

2. A building or nonaccessory tenant space used for 
assembly purposes by fewer than 75 persons shall be 
considered a Group B occupancy. 

Assembly occupancies shall include the following: 

A-l Assembly uses, usually with fixed seating, intended for 
the production and viewing of the performing arts or 
motion pictures including, but not limited to: 

Motion picture theaters 

Symphony and concert halls 

Television and radio studios admitting an audience 

Theaters 

A-2 Assembly uses intended for food and/or drink con- 
sumption including, but not limited to: 

Banquet halls 

Cabarets 

Cafeterias, except as provided for in A-3 

Dance halls 

Night clubs 

Restaurants 

Taverns and bars 

A-3 Assembly uses intended for worship, recreation or 
amusement and other assembly uses not classified else- 
where in Group A including, but not limited to: 

Amusement arcades 

Art galleries 

Bowling alleys 

Cafeterias for children up to and including the 12th 

grade 
Classrooms and instructional rooms with 75 persons 

or more; such rooms with fewer than 75 persons 

shall be classified as Group B or E 
Community halls 
Courtrooms 
Custodial care facilities with 75 or more persons, 

providing care to persons over the age of 2, where 

no more than four occupants are incapable of 

responding to an emergency situation without 

physical assistance from staff 
Dance studio or instruction (not including food or 

drink consumption) 
Exhibition halls 



2008 NEW YORK C!TY BUILDING CODE 



25 



USE AND OCCUPANCY CLASSIFICATION 



Funeral parlors 

Gymnasiums (without spectator seating) 

Houses of worship 

Indoor swimming pools (without spectator seating) 

Indoor tennis courts (without spectator seating) 

Lecture halls 

Museums 

Waiting areas in transportation terminals 

Pool and billiard parlors 

School auditoriums 

A-4 Assembly uses intended for viewing of indoor sporting 
events and activities with spectator seating including, 
but not limited to: 

Arenas 
Skating rinks 
Swimming pools 
Tennis courts 

A-5 Assembly uses intended for participation in or viewing 
outdoor activities including, but not limited to: 

Amusement park structures 

Bleachers 

Grandstands 

Stadiums 

303.2 Certificate of Operation. A Certificate of Operation 
shall be required, as per Section 28-117.1, for the following 
places of assembly: 

1 . Indoor places of assembly used or intended for use by 75 
persons or more, including open spaces at 20 feet (6096 
mm) or more above or below grade, such as roofs or roof 
terraces. 

2. Outdoor places of assembly used and intended for use by 
200 persons or more. 



SECTION BC 304 
BUSINESS GROUP B 

304.1 Business Group B. Business Group B occupancy 
includes, among others, the use of a building or structure, or a 
portion thereof, for office, professional, service-type transac- 
tions, or for conducting public or civic services, including the 
incidental storage of records and accounts and the incidental 
storage of limited quantities of stocks of goods for office use or 
purposes. Business Group B occupancies shall include, but not 
be limited to, the following: 

Airport traffic control towers 

Animal hospitals, kennels and pounds 

Banks 

Barber and beauty shops 

Civic administration offices 

Clinic — outpatient, including group medical centers, and 
neighborhood family care centers 

Custodial care facilities with fewer than 75 persons, providing 
care to persons over the age of 2, where no more than four 
occupants are incapable of responding to an emergency 



situation without physical assistance from staff 

Dry cleaning and laundries; pick-up and delivery stations and 
self-service 

Educational occupancies above the 12th grade, where not 
classified in Group A. Such occupancy may be used occa- 
sionally for educational purposes offered to children 
through the 12th grade 

Electronic data processing 

Laboratories; nonproduction testing and research, as per 
Section 419 

Libraries when not classified in Group E 

Motor vehicle showrooms 

Offices 

Post offices 

Photocopying and printing shops using electronic printing 
equipment 

Professional services (architects, attorneys, dentists, physi- 
cians, engineers, etc.) 

Radio and television stations not admitting an audience 

Telephone exchanges 



SECTION BC 305 
EDUCATIONAL GROUP E 

305.1 Educational Group E. Educational Group E occupancy 
includes, among others, the use of a building or structure, or a 
portion thereof, by five or more persons at any one time for edu- 
cational purposes offered to children through the 12th grade 
and where no more than two children are under the age of 2, 
including but not limited to the following: 

Academies 

Day care facilities where no more than two children are 

under the age of 2 
Libraries accessory to Group E occupancies 
Schools 

Exceptions: 

1 . Classrooms and instructional rooms with 75 or more 
persons shall be classified as Group A-3. 

2. Day care services provided within a dwelling unit as 
described in Section 310. 

3. Custodial care facilities with up to 30 children under 
the age of 2 are permitted to be classified as Group E 
when the rooms where such children are cared for are 
located on the level of exit discharge and each of these 
child care rooms has an exit door directly to the exte- 
rior. 

305.2 Reserved. 



SECTION BC 306 1 

FACTORY GROUP F 

306.1 Factory Industrial Group F. Factory Industrial Group 
F occupancy includes, among others, the use of a building or 
structure, or a portion thereof, for assembling, disassembling, 
fabricating, finishing, manufacturing, packaging, repair, clean- | 



26 



2008 NEW YORK CSTY BUILDING CODE 



USE AND OCCUPANCY CLASSIFICATION 



| ing, laundering or processing operations that are not classified 
^ as a Group H hazardous occupancy. 

306.2 Factory Industrial F-l Moderate-Hazard Occu- 
pancy. Factory industrial uses which are not classified as Fac- 
tory Industrial F-2 Low Hazard shall be classified as F-l 
Moderate Hazard and shall include, but not be limited to, the 
following: 

^ Aircraft 

I Aircraft repairs 
Automobiles and other motor vehicles, manufacturing 
Automobiles and other motor vehicles, repairs 
Bakeries 
I Beverages; alcoholic 
"* Boats 
| Boat repairs 
^ Brooms or brushes 
Canvas or similar fabric 
Carpets and rugs 

I Carpets and rugs, cleaning, using or storing solvents having a 
flash point between 100°F (38°C) and 138.2°F (59°C) (Tag. 
closed-cup) 
Clothing 
Disinfectants 

Dry cleaning and dyeing using or storing solvents having a 
flash point between 100°F (38°C) and 138.2°F (59°C) (Tag. 
Closed-cup) 

Electric generation plants 
Engines (including rebuilding) 

■ Food processing, except meat slaughtering or preparation of 
fish for packing 
Furniture 
Hemp products 
n^ Jute products 

(Laboratories; for production (moderate-hazard), that may 
involve the synthesis or storage of materials that constitute a 
physical or health hazard in quantities below those found in 
Tables 307.7(1) and 307.7(2) 
n^ Leather products 

I Metals; finishing, plating, grinding, sharpening, polishing, 
cleaning, rustproofing, heat treatment or similar processes 
Millwork (sash & door) 
sm^ Motion pictures filming (without spectators) 
Musical instruments 
Optical goods 
Paper mills or products 
Photographic film 
Plastic products 
Printing or publishing 
Recreational vehicles 
Refuse incineration 
Shoes 

Soaps and detergents 
Textiles 
Tobacco 
Trailers 
Upholstering 
Wood; distillation 

(Woodworking (cabinet) using no more than 2 quarts (1 .9 L) per 
day or storing no more than 20 gallons (75.7 L) of paint, 
varnish, lacquer or shellac 



306.3 Factory Industrial F-2 Low-Hazard Occupancy. Fac 

tory industrial uses that involve the cleaning, laundering, fabri- | 
cation or manufacturing of noncombustible materials which 
during finishing, packing or processing do not involve a signif- 
icant fire hazard shall be classified as F-2 occupancies and shall 
include, but not be limited to, the following: 

Appliances 

Athletic equipment 

Automobile laundries 

Automobile wrecking establishments 

Beverages; bottling works 

Beverages; nonalcoholic 

Bicycles 

Brick and masonry 

Business machines 

Cameras and photo equipment 

Carpets and rugs, cleaning, using or storing solvents having a 
flash point above 138.2°F (59°C) (Tag. closed-cup) 

Ceramic products 

Construction and agricultural machinery 

Dry cleaning and dyeing using or storing solvents having a 
flash point above 138.2°F (59°C) (Tag. closed-cup) 

Electronics 

Food processing; meat slaughtering or preparation of fish for 
packing 

Foundries 

Glass products 

Gypsum 

Ice 

Laboratories; for production (low-hazard), that may involve 
the synthesis or storage of materials that constitute a physi- 
cal or health hazard in quantities below those found in Tables 
307.7(1) and 307.7(2) 

Laundries 

Machinery 

Metal products (fabrication and assembly), not including 
flammable metals and alloys listed in Section 307 

Plastic products; nonflammable 

Printing; incidental to primary use, area not exceeding 2,000 
square feet (185.8 m 2 ) 

Television filming (without spectators) 

306.4 Location restrictions. Locations of spaces classified in 
Factory Group F may be restricted within a building containing 
a Group R occupancy pursuant to Section 509.8. 



SECTION BC 307 
HIGH-HAZARD GROUP H 

307.1 High-Hazard Group H. High-Hazard Group H occu- 
pancy includes, among others, the use of a building or struc- 
ture, or a portion thereof, that involves the manufacturing, 
processing, generation or storage of materials that constitute a 
physical or health hazard in quantities in excess of those found 
in Tables 307.7(1) and 307.7(2) (see also definition of "Control 
area"). 

Exception: Laboratories for nonproduction testing, re- 
search, experimental, instructional or educational purposes, 
in compliance with Section 419. 



2008 NEW YORK CITY BUILDING CODE 



27 



USE AND OCCUPANCY CLASSIFICATION 



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2008 NEW YORK CITY BUILDING CODE 



USE AND OCCUPANCY CLASSIFICATION 



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2008 NEW YORK CITY BUILDING CODE 



29 



USE AND OCCUPANCY CLASSIFICATION 



TABLE 307.7(2) 
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIAL POSING A HEALTH HAZARD a - b * c -l- k 



MATERIAL 


STORAGE d 


USE-CLOSED SYSTEMS d 


USE-OPEN SYSTEMS d 


Solid pounds 6, f 


Liquid gallons 
(pounds) 6 ' f 


Gas SCF e 
(standard 
cubic foot):}: 


Solid pounds 6 


Liquid gallons 
(pounds) 6 


Gas SCF e 
(standard 
cubic foot)t 


Solid pounds 6 


Liquid gallons 
(pounds) 6 


Corrosive 


5,000 


500 


810 f <s 


5,000 


500 


810 f *s 


1,000 


100 


Highly toxic 


10 


(10) 1 


20 h 


10 


(10)' 


20 h 


3 


(3) 1 


Toxic 


500 


(500) 1 


810 f 


500 


(500) 1 


810 f 


125 


(125) j 



For SI: 1 cubic foot = 0.028 m\ 1 pound = 0.454 kg, 1 gallon = 3.785 L. 

a. For use of control areas, see Section 414.2. 

b. In retail and wholesale sales occupancies, the quantities of medicines, foodstuffs, consumer or industrial products, and cosmetics, containing not more than 50 per- 
cent by volume of water-mi scible liquids and with the remainder of the solutions not being flammable, shall not be limited, provided that such materials are pack- 
aged in individual containers not exceeding 1.3 gallons. 

c. For storage and display quantities in Group M and storage quantities in Group S occupancies complying with the New York City Fire Code. 

d. The aggregate quantity in storage, handling and use shall not exceed the quantity listed for storage. 

e. Quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 . 
Where Note f also applies, the increase for both notes shall be applied accumulatively. 

f. Quantities may be increased 100 percent when stored in approved storage cabinets, gas cabinets or exhausted enclosures as specified in the New York City Fire 
Code. Where Note e applies, the quantities increased shall be as set forth in both notes. 

g. A single container of anhydrous ammonia containing not more than 150 pounds in a single control area in a nonsprinklered building shall be considered a maxi- 
mum allowable quantity. Two containers of anhydrous ammonia, each containing not more than 150 pounds, shall be considered a maximum allowable quantity 
provided the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. 

h. Allowed only when stored in approved exhausted gas cabinets or exhausted enclosures as specified in the New York City Fire Code. 
i. Quantities in parenthesis indicate quantity units in parenthesis at the head of each column, 
j. For gallons of liquids, divide the amount in pounds by 10 in accordance with iheNew York City Fire Code. 

k. The maximum allowable quantities shall be limited by Section 419 for chemical laboratories classified as Occupancy Group B and operating as nonproduction 
facilities for testing, research, experimental, instructional or education purposes. 



307.2 Definitions. The following words and terms shall, for the 
purposes of this section and as used elsewhere in this code, 
have the meanings shown herein. 

AEROSOL. A product that is dispensed from an aerosol con- 
tainer by a propellant. 

Aerosol products shall be classified by means of the calcula- 
tion of their chemical heats of combustion and shall be desig- 
nated Level 1, 2 or 3. 

Level 1 aerosol products. Those with a total chemical heat 
of combustion that is greater than and less than or equal to 
8,600 British thermal units per pound (Btu/lb) (20 kJ/g). 

Level 2 aerosol products. Those with a total chemical heat 
of combustion that is greater than 8,600 Btu/lb (20 kJ/g), but 
less than or equal to 13,000 Btu/lb (30 kJ/g). 

Level 3 aerosol products. Those with a total chemical heat 
combustion that is greater than 13,000 Btu/lb (30 kJ/g). 

BARRICADE. A structure or other artificial or natural barrier 
constructed in connection with the storage, handling and use of 
explosives that provides a shield from the impact of such explo- 
sion. A straight line from the top of any sidewall of a building 
containing explosives to the eaveline of any magazine or other 
building or to a point 12 feet (3658 mm) above the center of a 
railway or highway shall pass through such barrier. 

Artificial barricade. An artificial mound or revetment, 
1 including a barrier constructed of sandbags, with a mini- 
mum thickness of 3 feet (914 mm). 

1 Natural barricade. Terrain or other natural features of the 
ground. 



BOILING POINT. The temperature at which the vapor pres- 
sure of a liquid equals the atmospheric pressure of 14.7 pounds 
per square inch (psi) (101 kPa) gage or 760 mm of mercury. 
Where an accurate boiling point is unavailable for the material 
in question, or for mixtures which do not have a constant boil- 
ing point, for the purposes of this classification, the 20-percent 
evaporated point of a distillation performed in accordance with 
ASTM D 86 shall be used as the boiling point of the liquid. 

CLOSED SYSTEM. The use of a solid or liquid hazardous 
material involving a closed vessel or system that remains 
closed during normal operations where vapors emitted by the 
product are not liberated outside of the vessel or system and the 
product is not exposed to the atmosphere during normal opera- 
tions; and all uses of compressed gases. Examples of closed 
systems for solids and liquids include product conveyed 
through a piping system into a closed vessel, system or piece of 
equipment. 

COMBUSTIBLE DUST. Finely divided solid material that is 
420 microns or less in diameter, will pass through a U.S. stan- 
dard No. 40 sieve and, when dispersed in air in insufficient con- 
centrations, can be ignited by a flame, spark or other source of 
ignition. 

COMBUSTIBLE FIBERS. Readily ignitable and free-burn- 
ing fibers, such as cocoa fiber, cotton, excelsior, hay, hemp, 
henequen, istle, jute, kapok, oakum, sisal, Spanish moss, straw, 
tow, wastepaper or other natural or synthetic fibers that possess 
such qualities. 

Exception: Moss used for medicinal purposes. 

COMBUSTIBLE LIQUID. For the purposes of transporta- 
tion, a combustible liquid as defined by the United States 
Department of Transportation. For all other purposes, a liquid, 



30 



2008 NEW YORK CITY BUILDING CODE 



USE AND OCCUPANCY CLASSIFICATION 



other than a compressed gas or cryogenic fluid, having a closed 
cup flash point at or above 100°F (38°C) classified as follows: 

Class II. Liquids having a closed cup flash point at or above 
100°F (38°C) and below 140°F (60°C). 

Class MA. Liquids having a closed cup flash point at or 
above 140°F (60°C) and below 200°F (93°C). 

Class IIIB. Liquids having a closed cup flash point at or 
above 200°F (93°C). 

COMPRESSED GAS. A material, or mixture of materials 
which is a gas at 68°F (20°C) or less at 14.7 psia (101 kPa) of 
pressure; and has a boiling point of 68°F (20°C) or less at 14.7 
psia (101 kPa) that is either liquefied, nonliquefied or in solu- 
tion at that temperature and pressure, except those gases which 
have no other health- or physical-hazard properties are not con- 
sidered to be compressed until the pressure in the packaging 
exceeds 41 psia (28 kPa) at 68°F (20°C). Compressed gases 
shall be classified as follows: 

Nonliquefied compressed gases. Gases, other than those in 
solution, which are in a packaging under the charged pres- 
sure and are entirely gaseous at a temperature of 68 °F 
(20°C). 

I Liquefied compressed gases. Gases that, in a packaging 
under the charged pressure, are partially liquid at a tempera- 
ture of 68°F(20°C). 

1 Compressed gases in solution. Nonliquefied gases that are 
dissolved in a solvent. 

(Compressed gas mixtures. A mixture of two or more 
compressed gases contained in a single packaging, the haz- 
ard properties of which are represented by the properties of 
the mixture as a whole. 

CONTROL AREA. Spaces within a building that are 
enclosed and bounded by exterior walls, fire walls, fire barriers 
and roofs, or a combination thereof, where quantities of haz- 
ardous materials not exceeding the maximum allowable quan- 
tities per control area are stored, handled, or used, including 
any dispensing. 

CORROSIVE MATERIAL. A material that causes full thick- 
ness destruction of human skin at the site of contact within 
specified periods of time when tested by methods described in 
DOTn 49 CFR§ 173.136 and 173.137. Liquid that has a severe 
corrosion rate on steel or aluminum based on the criteria in 
DOTn 49 CFR § 173.173(c)(2) is also a corrosive material. 

CRYOGENIC FLUID. A liquid having a boiling point lower 
than -150°F (-101°C) at 14.7 pounds per square inch absolute 
(psia) (an absolute pressure of 101 kPa). 

DEFLAGRATION. An exothermic reaction, such as the 
extremely rapid oxidation of a flammable dust or vapor in air, 
in which the reaction progresses through the unburned material 
at a rate less than the velocity of sound. A deflagration can have 
an explosive effect. 

DETACHED BUILDING. A separate single-story building, 
without a basement or crawl space, used for the storage or use 
of hazardous materials and located at an approved distance 
from other buildings and structures. 



DETONATION. An exothermic reaction characterized by the 
presence of a shock wave in the material which establishes and 
maintains the reaction. The reaction zone progresses through 
the material at a rate greater than the velocity of sound. The 
principal heating mechanism is one of shock compression. 
Detonations have an explosive effect, 

DISPENSING. The pouring or transferring of any material 
from a container, tank or similar vessel, whereby dusts, fumes, 
mists, vapors, or gases are liberated to the atmosphere. 1 

EXPLOSIVE. Any chemical compound, mixture or device, 
the primary or common purpose of which is to function by 
explosion. The term includes, but is not limited to, dynamite, 
black powder, pellet powder, initiating explosives, detonators, 
safety fuses, squibs, detonating cord, igniter cord, igniters and 
display fireworks, 1.3G (Class B, Special). 

The term "explosive" includes any material determined to be 
within the scope of 18 USC Chapter 40, as amended, and also 1 
includes any material classified as an explosive other than con- 
sumer fireworks, 1.4G (Class C, Common) by the hazardous 
materials regulations of DOTn 49 CFR. 

High explosive. Explosive material, such as dynamite, 
which can be caused to detonate by means of a No. 8 test 
blasting cap when unconfined. 

Low explosive. Explosive material that will burn or defla- 
grate when ignited. It is characterized by a rate of reaction 
that is less than the speed of sound. Examples of low explo- 
sives include, but are not limited to, black powder; safety 
fuse; igniters; igniter cord; fuse lighters; fireworks, 1.3G 
(Class B, Special) and propellants, 1.3C. 

UN/DOTn Class 1 explosives. The former classification sys- 
tem used by DOTn included the terms "high" and "low" explo- 
sives as defined herein. The following terms further define 
explosives under the current system applied by DOTn for all 
explosive materials defined as hazard Class 1 materials. Com- 
patibility group letters are used in concert with the division to 
specify further limitations on each division noted (i.e., the letter 
G identifies the material as a pyrotechnic substance or article 
containing a pyrotechnic substance and similar materials). 

Division 1.1. Explosives that have a mass explosion hazard. 
A mass explosion is one which affects almost the entire load 
instantaneously. 

Division 1.2. Explosives that have a projection hazard but 
not a mass explosion hazard. 

Division 1.3. Explosives that have a fire hazard and either a 
minor blast hazard or a minor projection hazard or both, but 
not a mass explosion hazard. 

Division 1.4. Explosives that pose a minor explosion haz- 
ard. The explosive effects are largely confined to the pack- 
age and no projection of fragments of appreciable size or 
range is to be expected. An external fire must not cause vir- 
tually instantaneous explosion of almost the entire contents 
of the package. 

Division 1.5. Very insensitive explosives. This division is 
comprised of substances that have a mass explosion hazard, 
but that are so insensitive there is very little probability of 



2008 NEW YORK CITY BUILDING CODE 



31 



USE AND OCCUPANCY CLASSIFICATION 



initiation or of transition from burning to detonation under 
normal conditions of transport. 

Division 1.6. Extremely insensitive articles which do not 
have a mass explosion hazard. This division is comprised of 
articles that contain only extremely insensitive detonating 
substances and which demonstrate a negligible probability 
of accidental initiation or propagation. 

FIREWORKS. Any composition or device for the purpose of 
producing a visible or audible effect for entertainment pur- 
poses by combustion, deflagration or detonation that meets the 
definition of 1.4G fireworks or 1.3G fireworks as set forth 
herein. 

FIREWORKS, 1.3G. (Formerly Class B, Special Fireworks.) 
Large fireworks devices, which are explosive materials, 
intended for use in fireworks displays and designed to produce 
audible or visible effects by combustion, deflagration or deto- 
nation. Such 1 .3G fireworks include, but are not limited to, fire- 
crackers containing more than 130 milligrams (2 grains) of 
explosive composition, aerial shells containing more than 40 
grams of pyrotechnic composition, and other display pieces 
which exceed the limits for classification as 1 .4G fireworks. 
Such 1.3G fireworks are also described as fireworks, 49 CFR 
1 pt. 172bytheDOTn. 

FIREWORKS, 1.4G. (Formerly Class C, Common Fire- 
works.) Small fireworks devices containing restricted amounts 
of pyrotechnic composition designed primarily to produce vis- 
ible or audible effects by combustion. Such 1.4G fireworks 
which comply with the construction, chemical composition 

1 and labeling regulations of the DOTn for fireworks, 49 CFR pt. 
172, and the U.S. Consumer Product Safety Commission 

1 (CPSC) as set forth in 16 CFR pts. 1500 and 1507, are not 
explosive materials for the purpose of this code. 

■ FLAMMABLE GAS. A material which is a gas at 68°F 
(20°C) or less at 14.7 pounds per square inch absolute (psia) 
(101 kPa) of pressure (a material that has a boiling point of 
68°F (20°C) or less at 14.7 psia (101 kPa) which; 

1 . Is ignitable at 14.7 psia (101 kPa) when in a mixture of 1 3 
percent or less by volume with air; or 

2. Has a flammable range at 14.7 psia (101 kPa) with air of 
at least 12 percent, regardless of the lower limit. 

I The limits specified shall be determined at 14.7 psia (101 
kPa) of pressure and a temperature of 68°F (20°C) in accor- 
dance with ASTM E 681. 

FLAMMABLE LIQUEFIED GAS. A liquefied compressed 
gas which, under a charged pressure, is partially liquid at a tem- 
perature of 68 °F (20°C) and which is flammable. 

FLAMMABLE LIQUID. For the purposes of transportation, 
a combustible liquid as defined by the United States Depart- 
ment of Transportation. For all other purposes, a liquid, other 
than a compressed gas or cryogenic fluid, having a closed cup 
flash point below 100°F (38°C) classified as follows; 

Class IA. Liquids having a flash point below 73°F (23°C) 
and a boiling point below 100°F (38°C). 

Class IB. Liquids having a flash point below 73°F (23°C) 
and a boiling point at or above 100°F (38°C). 



Class IC. Liquids having a flash point at or above 73°F 
(23°C) and below 100°F (38°C) 

FLAMMABLE MATERIAL. A material capable of being 
readily ignited from common sources of heat or at a tempera- 
ture of 600°F (3 16°C) or less. 

FLAMMABLE SOLID. A solid, other than a blasting agent 
or explosive, that is capable of causing fire through friction, 
absorption or moisture, spontaneous chemical change, or 
retained heat from manufacturing or processing, or which has 
an ignition temperature below 212°F (100°C) or which burns 
so vigorously and persistently when ignited as to create a seri- 
ous hazard. A chemical shall be considered a flammable solid 
as determined in accordance with the test method of 1 6 CFR pt. 
1500.44, if it ignites and burns with a self-sustained flame at a 
rate greater than 0.1 inch (2.5 mm) per second along its major 
axis. This shall include flammable metals, which are flamma- 
ble pure metals or their flammable alloys. 

FLASH POINT. The minimum temperature in degrees Fahr- 
enheit at which a liquid will give off sufficient vapors to form 
an ignitable mixture with air near the surface or in the con- 
tainer, but will not sustain combustion. The flash point of a liq- 
uid shall be determined by appropriate test procedure and 
apparatus as specified in ASTM D 56, ASTM D 93 or ASTM D 
3278. 

HANDLING. The movement of a material in its container, the 
removal of the material from its container, or any other action 
or process that may affect the material, other than its storage or 
use. 

HAZARDOUS MATERIALS. Those chemicals or sub- 
stances that are physical hazards or health hazards as defined 
and classified in this section and the New York City Fire Code, 
whether the materials are in usable or waste condition. 

HEALTH HAZARD. A classification of a chemical for which 
there is statistically significant evidence that acute or chronic 
health effects are capable of occurring in exposed persons. The 
term "health hazard" includes chemicals that are toxic or 
highly toxic, and corrosive. 

HIGHLY TOXIC MATERIAL. A material that is lethal at the 
following doses or concentrations: 

1. A chemical that has a median lethal dose (LD50) of 50 
milligrams or less per kilogram of body weight when 
administered orally to albino rats weighing between 200 
and 300 grams each; or 

2. A chemical that has a median lethal dose (LD50) of 200 
milligrams or less per kilogram of body weight when 
administered by continuous contact for 24 hours (or less 
if death occurs within 24 hours) with the bare skin of 
albino rabbits weighing between 2 and 3 kilograms each; 
or 

3. A chemical that has a median lethal concentration 
(LC50) in air of 200 parts per million by volume or less 
of gas or vapor, or 2 milligrams per liter or less of mist, 
fume or dust, when administered by continuous inhala- 
tion for 1 hour (or less if death occurs within 1 hour) to 
albino rats weighing between 200 and 300 grams each. 



32 



2008 NEW YORK CITY BUILDING CODE 



USE AND OCCUPANCY CLASSIFICATION 



INCOMPATIBLE MATERIALS. Materials that, if mixed or 
combined, could explode, generate heat, gases or other byprod- 
ucts, or react in such a way hazardous to life or property. 

OPEN SYSTEM. The use of a solid or liquid hazardous mate- 
rial involving a vessel or system that is continuously open to the 
atmosphere during normal operations and where vapors are 
liberated, or the product is exposed to the atmosphere during 
normal operations. Examples of open systems for solids and 
liquids include dispensing from or into open beakers or con- 
tainers, dip tank and plating tank operations. 

ORGANIC PEROXIDE. An organic compound having a 
double oxygen or peroxy (-0-0-) in its chemical structure. 
Organic peroxides can pose an explosion hazard (detonation or 
deflagration), can be shock sensitive, or can be susceptible to 
decomposition into various unstable compounds over an 
extended period of time and are classified as follows based 
upon their hazardous properties: 

Class I. Organic peroxides that are capable of deflagration 
but not detonation. 

1 Class II. Organic peroxides that burn very rapidly and that 
pose a moderate reactivity hazard. 

1 Class III. Organic peroxides that burn rapidly and that pose 
a moderate reactivity hazard. 

1 Class IV. Organic peroxides that burn in the same manner as 
ordinary combustibles and that pose a minimal reactivity 
hazard. 

Class V. Organic peroxides that burn with less intensity than 
ordinary combustibles or do not sustain combustion and that 
pose no reactivity hazard. 

Unclassified detonable. Organic peroxides that are capable 
1 of detonation and pose an extremely high explosion hazard 
through rapid explosive decomposition. 

OXIDIZER. A material that readily yields oxygen or other 
1 oxidizing gas, such as bromine, chlorine and fluorine, or that 
readily reacts to promote or initiate combustion of combustible 
materials classified as follows: 

Class 1. An oxidizer whose primary hazard is that it slightly 
increases the burning rate but which does not cause sponta- 
neous ignition when it comes in contact with combustible 
materials. 

Class 2. An oxidizer that will cause a moderate increase in 
the burning rate or that causes spontaneous ignition of com- 
bustible materials with which it comes in contact. 

Class 3. An oxidizer that will cause a severe increase in the 
burning rate of combustible materials with which it comes 
in contact or that will undergo vigorous self-sustained 
decomposition due to contamination or exposure to heat. 

Class 4. An oxidizer that can undergo an explosive reaction 
due to contamination or exposure to thermal or physical 
shock. Additionally, the oxidizer will enhance the burning 
rate and can cause spontaneous ignition of combustibles. 

OXIDIZING GAS. A gas that can support and accelerate 
combustion of other materials. 



PHYSICAL HAZARD. A chemical for which there is evi- 
dence that it is a combustible liquid, compressed gas, cryo- 
genic, explosive, flammable gas, flammable liquid, flammable 
solid, organic peroxide, oxidizer, pyrophoric or unstable (reac- 
tive) or water-reactive material. 

PYROPHORIC MATERIAL. A material with an I 
autoignition temperature in air, at or below a temperature of 
130°F(54°C). 

PYROTECHNIC COMPOSITION. A chemical mixture 
that produces visible light displays or sounds through a 
self-propagating, heat-releasing chemical reaction which is 
initiated by ignition. 

STANDARD CUBIC FEET (SCF). Cubic feet of gas at nor- 
mal temperature and pressure (NTP). 

TOXIC MATERIAL. A chemical that is lethal at the follow- 
ing doses or concentrations: 

1 . A chemical that has a median lethal dose (LD50) of more 
than 50 milligrams per kilogram, but not more than 500 
milligrams per kilogram of body weight when adminis- 
tered orally to albino rats weighing between 200 and 300 
grams each; or 

2. A chemical that has a median lethal dose (LD50) of more 
than 200 milligrams per kilogram but not more than 
1,000 milligrams per kilogram of body weight when 
administered by continuous contact for 24 hours (or less 
if death occurs within 24 hours) with the bare skin of 
albino rabbits weighing between 2 and 3 kilograms each; 
or 

3. A chemical that has a median lethal concentration 
(LC50) in air of more than 200 parts per million but not 
more than 2,000 parts per million by volume of gas or 
vapor, or more than 2 milligrams per liter but not more 
than 20 milligrams per liter of mist, fume or dust, when 
administered by continuous inhalation for 1 hour (or less 
if death occurs within 1 hour) to albino rats weighing 
between 200 and 300 grams each. 

Exception: For purposes of this code, chlorine shall be clas- 
sified as a highly toxic material. 

UNSTABLE (REACTIVE) MATERIAL. A material, other 
than an explosive, which in the pure state or as commercially 
produced, will vigorously polymerize, decompose, condense 
or become self-reactive and undergo other violent chemical 
changes, including explosion, when exposed to heat, friction or 
shock, or in the absence of an inhibitor, or in the presence of 
contaminants, or in contact with incompatible materials. 
Unstable (reactive) materials are shall be classified as follows: 

Class 1. Materials that in themselves are normally stable but 
which can become unstable at elevated temperatures and 
pressure. 

Class 2. Materials that in themselves are normally unstable 
and readily undergo violent chemical change but do not det- 
onate. This class includes materials that can undergo chemi- 
cal change with rapid release of energy at normal 
temperatures and pressures, and that can undergo violent 
chemical change at elevated temperatures and pressures. 



2008 NEW YORK CITY BUILDING CODE 



33 



USE AND OCCUPANCY CLASSIFICATION 



Class 3. Materials that in themselves are capable of detona- 
tion or of explosive decomposition or explosive reaction but 
which require a strong initiating source or which must be 
heated under confinement before initiation. This class 
includes materials that are sensitive to thermal or mechani- 
cal shock at elevated temperatures and pressures. 

Class 4. Materials that in themselves are readily capable of 
detonation or explosive decomposition or explosive reac- 
tion at normal temperatures and pressures. This class 
includes materials that are sensitive to mechanical or local- 
ized thermal shock at normal temperatures and pressures. 

WATER-REACTIVE MATERIAL. A material that 
explodes; violently reacts; produces flammable, toxic or other 
hazardous gases; or evolves enough heat to cause self-ignition 
or ignition of nearby combustibles upon exposure to water or 
moisture. Water-reactive materials shall be classified as fol- 
lows: 

Class 1. Materials that may react with water with some 
release of energy, but not violently. 

Class 2. Materials that may form potentially explosive mix- 
tures with water. 

Class 3. Materials that react explosively with water without 
requiring heat or confinement. 

307.3 High-Hazard Group H-l. Buildings and structures 
which contain materials that present a detonation hazard shall 
be classified as Group H-l. Such materials shall include, but 
not be limited to, the following: 

Explosives: 

Division 1.1 
Division 1.2 
Division 1.3 

Exception: Materials that are used and maintained in 
a form where either confinement or configuration will 
not elevate the hazard from a mass fire to mass explo- 
sion hazard shall be allowed in H-2 occupancies. 

Division 1.4 

Exception: Articles, including articles packaged for 
shipment, that are not regulated as an explosive under 
Bureau of Alcohol, Tobacco and Firearms regula- 
tions, or unpackaged articles used in process opera- 
tions that do not propagate a detonation or 
deflagration between articles shall be allowed in H-3 
occupancies. 

Division 1.5 

Division 1.6 

Organic peroxides, unclassified detonable 

Oxidizers, Class 4 

Unstable (reactive) materials, Class 3 detonable and 

Class 4 
Pyrophoric materials, detonable 
Water-reactive materials, Class 2 and 3, detonable 

No part of this section shall be construed to authorize the 
manufacture, storage, sale or use of explosives, including fire- 
works, if otherwise prohibited by the New York City Fire Code 



and unless in compliance with the requirements of the New I 
York City Fire Code. 1 

307.4 High-Hazard Group H-2. Buildings and structures 
which contain materials that present a deflagration hazard or a 
hazard from accelerated burning shall be classified as Group 
H-2. Such materials shall include, but not be limited to, the fol- 
lowing: 

Class I, II or IIIA flammable or combustible liquids which 
are used or stored in normally open containers or 
systems, or in closed containers or systems pressurized at 
more than 15 psi (103.4 kPa) gage. 

Combustible dusts 

Cryogenic fluids, flammable 

Flammable gases 

Organic peroxides, Class I 

Oxidizers, Class 3, that are used or stored in normally open 
containers or systems, or in closed containers or systems 
pressurized at more than 15 psi (103.3 kPa) gage 

Pyrophoric liquids, solids and gases, nondetonable 

Unstable (reactive) materials, Class 3, nondetonable 

Water-reactive materials, Class 3, nondetonable 1 

No part of this section shall be construed to authorize an 
LPG-distribution facility if otherwise prohibited by the New 1 
York City Fire Code. | 

307.5 High-Hazard Group H-3. Buildings and structures that 
contain materials that readily support combustion or present a 
physical hazard shall be classified as Group H-3. Such materi- 
als shall include, but not be limited to, the following: 

Class I, II or IIIA flammable or combustible liquids which 
are used or stored in normally closed containers or 
sys terns pressurized at less than 15 psi (103 kPa) gage. 
Combustible fibers ^ 

Cryogenic fluids, oxidizing 
Flammable solids 

Organic peroxides, Classes II and III 
Oxidizers, Classes 1 and 2 
Oxidizing gases 

Unstable (reactive) materials, Class 2 
Water-reactive materials, Class 2, nondetonable I 

307.6 High-Hazard Group H-4. Buildings and structures 
which contain materials that are health hazards shall be classi- 
fied as Group H-4. Such materials shall include, but not be lim- 
ited to, the following: 

Corrosives 

Highly toxic materials 

Toxic materials 

307.7 Group H-5 structures. Semiconductor fabrication 
facilities and comparable research and development areas in 
which hazardous production materials (HPM) are used and the 
aggregate quantity of materials is in excess of those listed in 
Tables 307.7(1) and 307.7(2). Such facilities and areas shall be 
designed and constructed in accordance with Section 415.9. 

307.8 Multiple hazards. Buildings and structures containing a 
material or materials representing hazards that are classified in 
one or more of Groups H~ 1 , H-2, H-3 and H-4 shall conform to 
the code requirements for each of the occupancies so classified. 



34 



2008 NEW YORK CSTY BUILDING CODE 



USE AND OCCUPANCY CLASSIFICATION 



307.9 Exceptions: The following shall not be classified in 
Group H, but shall be classified in the occupancy which they 
most nearly resemble. Hazardous materials in any quantity 
shall conform to the requirements of this code, including Sec- 
1 tion 414, and the New York City Fire Code. 

1 . Buildings and structures that contain not more than the 
maximum allowable quantities per control area of haz- 
ardous materials as shown in Tables 307.7(1) and 
307.7(2) provided that such buildings are maintained in 

I accordance with the New York City Fire Code. 

2. Buildings utilizing control areas in accordance with 
Section 414.2 that contain not more than the maximum 
allowable quantities per control area of hazardous 
materials as shown in Tables 307.7(1.) and 307.7(2). 

3 . Buildings and structures occupied for the application of 
flammable finishes, provided that such buildings or 
areas conform to the requirements of Section 416 and 

1 the New York City Fire Code. 

4. Wholesale and retail sales and storage of flammable 
and combustible liquids in mercantile occupancies 

1 conforming to the New York City Fire Code. 

5 . Closed systems housing flammable or combustible liq- 
uids or gases utilized for the operation of machinery or 



6. Cleaning establishments that utilize combustible liquid 
solvents having a flash point of 140°F (60°C) or higher 
in closed systems employing equipment listed by an 
approved testing agency, provided that this occupancy 
is separated from all other areas of the building by 
1-hour fire-resistance-rated fire barrier walls or hori- 
zontal assemblies or both. 

7. Cleaning establishments that utilize a liquid solvent 
having a flash point at or above 200°F (93°C). 

8. Liquor stores and distributors without bulk storage. 

9. Refrigeration systems. 

10. The storage or utilization of materials for agricultural 
purposes on the premises. 

11. Stationary batteries utilized for facility emergency 
power, uninterrupted power supply or telecommunica- 
tion facilities provided that the batteries are provided 
with safety venting caps and ventilation is provided in 
accordance with the New York City Mechanical Code. 

12. Corrosives shall not include personal or household 
products in their original packaging used in retail dis- 
play or commonly used building materials. 

13. Buildings and structures occupied for aerosol storage 
shall be classified as Group S-l, provided that such 
buildings conform to the requirements of the New York 
City Fire Code. 

14. Display and storage of nonflammable solid and non- 
flammable or noncombustible liquid hazardous materi- 
als in quantities not exceeding the maximum allowable 
quantity per control area in Group M or S occupancies 
complying with Section 414.2.4. 



1 5 . The storage of black powder, smokeless propellant and 
small arms primers in Groups M and R-3 and special 
industrial explosive devices in Groups B, F, M and S, 
provided such storage conforms to the quantity limits 
and requirements prescribed in the New York City Fire 
Code. 



SECTION 308 
INSTITUTIONAL GROUP I 

308.1 Institutional Group I. Institutional Group I occupancy 
includes, among others, the use of a building or structure, or a 
portion thereof, in which people are cared for or live in a super- 
vised environment, having physical limitations because of 
health or age are harbored for medical treatment or other care 
or treatment, or in which people are detained for penal or cor- 
rectional purposes or in which the liberty of the occupants is 
restricted. Institutional occupancies shall be classified as 
Group 1-1,1-2, 1-3 or 1-4. 

308.1.1 Definitions. For definitions of terms related to 
Group I occupancy classification, see Section 310.2. 

308.2 Group 1-1. This occupancy shall include buildings, 
structures or parts thereof housing persons, on a 24-hour basis, < 
who because of age, mental disability or other reasons, live in a 
supervised residential environment that provides personal care 
services. The occupants are capable of self-preservation and 
capable of responding to an emergency situation without phys- 
ical assistance from staff. Such occupancy shall be subject to 
the New York State Multiple Dwelling Law. This group shall 
include, but not be limited to, the following: 

Adult homes, where occupants are capable of self- 
preservation (see Section 308.2.1) 

Alcohol and drug abuse rehabilitation centers 

Assisted living facilities 

Community residences or intermediate-care facilities (see 
Section 308.2.2) 

Congregate care facilities 

Convalescent facilities 

Enriched housing, where occupants are capable of 
self-preservation (see Section 308.2.1) 

Halfway houses 

Overnight child care facilities where all supervised occu- 
pants are under the age of 18, with no more than two 
children under the age of 2 

Residential care facilities 

Social rehabilitation facilities 

308.2.1 Adult homes and enriched housing. Adult homes 
and enriched housing facilities operated pursuant to and 
meeting the additional construction requirements of Section 
460 of the New York State Social Services Law and regula- 
tions of the New York State Department of Health offering 
care on a 24- hour basis to persons capable of self-preserva- 
tion, in the same building, shall be classified as Group I- 1 . 

Exception: Such a facility offering supervised care on a 
24-hour basis for no more than 16 occupants capable of 
self-preservation, in the same building, may be classified 
in Group R in accordance with Section 310. 



2008 NEW YORK CITY BUILDING CODE 



35 



USE AND OCCUPANCY CLASSIFICATION 



308.2.2 Community residences or intermediate-care 
facilities. Community residences or intermediate-care 
facilities, operated pursuant to and meeting the additional 
construction requirements of the New York State Mental 
Hygiene Law and applicable regulations of the New York 
State Office of Mental Health and Office of Mental Retarda- 
tion and Developmental Disabilities shall be classified as 
Group 1-1. 

Exceptions: Such facilities limited to 14 residents capa- 
ble of self-preservation and three staff members per 
dwelling unit shall be classified as: 

1. Group R-l, where such facility does not occupy 
more than two dwelling units in a residential build- 
ing classified as R- 1 of Type I or II construction, or 
one dwelling unit in any other type of construction, 
and occupied on a transient basis; or 

2. Group R-2 where such facility does not occupy 
more than two dwelling units in a residential build- 
ing classified R-2 of Type I or II construction, or 
one dwelling unit in any other type of construction, 
and occupied on a long-term basis; or 

3. Group R-3 where the number of dwelling units in 
the building does not exceed two. 

308.3 Group 1-2. This occupancy shall include buildings and 
structures used for medical, surgical, psychiatric, nursing or 
personal care on a 24-hour basis or overnight of more than two 
children under the age of 2, or more than three persons who are 
not capable of self-preservation and not capable of responding 
to an emergency situation without physical assistance from 
staff. This group shall include, but not be limited to, the follow- 
ing: 

Adult homes, where occupants are not capable of self-pres- 
ervation, operated pursuant to and meeting the additional 
construction requirements of Section 460 of the New 
York State Social Services Law and regulations of the 
New York State Department of Health 

Community residences or intermediate-care facilities, 
where occupants are not capable of self-preservation, 
operated pursuant to and meeting the additional construc- 
tion requirements of the New York State Mental Hygiene 
Law and applicable regulations of the New York State 
Office of Mental Health and Office of Mental Retardation 
and Developmental Disabilities 

Enriched Housing, where occupants are not capable of 
self-preservation, operated pursuant to and meeting the 
additional construction requirements of Section 460 of 
the New York State Social Services Law and regulations 
of the New York State Department of Health 

Hospitals 

Nursing homes (both intermediate-care facilities and 
skilled nursing facilities) 

Mental hospitals where patients are not under restraint 

Detoxification facilities 

Exception: Such a facility offering care on a 24-hour 
basis for three or fewer persons who are not capable of 
self-preservation may occupy not more than one dwell- 
ing unit in a Group R occupancy. 



308.4 Group 1-3. This occupancy shall include buildings and 
structures that are inhabited by more than five persons who are 
under restraint or security. An 1-3 facility is occupied by per- 
sons who are generally incapable of self-preservation due to 
security measures not under the occupants' control. This group 
shall include, but not be limited to, the following: 

Mental hospitals where patients are under restraint 

Prisons 

Jails 

Reformatories 

Detention centers 

Correctional centers 

Prerelease centers 

Buildings of Group 1-3 shall be classified as one of the occu- 
pancy conditions indicated in Section 408.1. 

308.5 Group 1-4. This group shall include custodial care facili- 
ties providing care to more than two children under the age of 2, 
or to more than four persons over the age of 2 who are not capa- 
ble of responding to an emergency situation without physical 
assistance from the staff. Such occupancy shall include, but not 
be limited to, adult custodial care facilities and day nurseries. 

Exceptions: 

1. Custodial care facility as described in Section 303. 

2. Custodial care facility as described in Section 304. 

3. Custodial care facility as described in Exception 3 of 
Section 305.1. 

4. Such facility providing care within a dwelling unit as 
described in Section 310. 

5. Such facility providing care to children under the age 
of 2 in houses of worship during religious functions. 



SECTION BC 309 
MERCANTILE GROUP M 

309.1 Mercantile Group M. Mercantile Group M occupancy 
includes, among others, buildings and structures or a portion 
thereof, for the display and sale of merchandise, and involves 
stocks of goods, wares or merchandise incidental to such pur- 
poses and accessible to the public. Mercantile occupancies 
shall include, but not be limited to, the following: 

Department stores 

Drug stores 

Markets 

Motor fuel-dispensing facilities 

Retail or wholesale stores 

Sales rooms 

309.2 Quantity of hazardous materials. The aggregate quan- 
tity of nonflammable solid and nonflammable or 
noncombustible liquid hazardous materials stored or displayed 
in a single control area of a Group M occupancy shall not 
exceed the quantities in Table 414.2.4. 



36 



2008 NEW YORK CITY BUILDING CODE 



USE AND OCCUPANCY CLASSIFICATION 



SECTION BC* 310 
RESIDENTIAL GROUP R 

310.1 Residential Group R. Residential Group R includes, 
among others, the use of a building or structure, or a portion 
thereof, for dwelling or sleeping purposes when not classified 
as Institutional Group I. Buildings containing three or more 
dwelling units shall be subject to the New York State Multiple 
Dwelling Law. Residential occupancies shall be classified as 
Group R-l,R-2, or R-3. 

310.1.1 Group R-l. This occupancy shall include: 

1. Residential buildings or spaces occupied, as a rule, 
transiently, for a period less than one month, as the 
more or less temporary abode of individuals or fami- 
lies who are lodged with or without meals, including, 
but not limited to, the following: 

Class B multiple dwellings as defined in Sec- 
tion 27-2004 of the New York City Housing 
Maintenance Code and Section 4 of the New 
York State Multiple Dwelling Law 

Exception: Class B multiple dwellings classified 
in Group I- 1 . 

Club houses 

Hotels (transient) 

Motels (transient) 

Rooming houses (boarding houses — transient) 

Settlement houses 

Vacation timeshares 

2. College or school student dormitories, except for stu- 
dent apartments classified as an R-2 occupancy 

3 . Congregate living units owned and operated by a gov- 
ernment agency or not-for-profit organization, where 
the number of occupants in the dwelling unit exceeds 
the limitations of a family as defined, including, but 
not limited to, the following: 

Adult homes or enriched housing with 16 or fewer 
occupants requiring supervised care within the 
same building on a 24-hour basis 

Fraternity and sorority houses 

Homeless shelters 

310.1.2 Group R-2. This occupancy shall include buildings 
or portions thereof containing sleeping units or more than 
two dwelling units that are occupied, as a rule, for shelter 
and sleeping accommodation on a long-term basis for a 
month or more at a time. Such occupancy shall be subject to 
the New York State Multiple Dwelling Law. This group shall 
include, but not be limited to, the following: 

Adult homes or enriched housing with 16 or fewer occu- 
pants requiring supervised care on a 24-hour basis in 
the same building, provided that the number of occu- 
pants per dwelling unit does not exceed the definition 
of a family 

Apartment houses 

Apartment hotels (nontransient) 

Class A multiple dwellings as defined in Section 27-2004 of 
the New York City Housing Maintenance Code and Section 



4 of the New York State Multiple Dwelling Law, including 
the following: 

1 . Dwelling units where the resident of the unit provides 
custodial care to no more than four persons on less 
than a 24-hour basis and not overnight. 

2. Dwelling units where the resident of the unit provides 
child custodial care as a family day care home regis- 
tered with the New York City Department of Health 
and Mental Hygiene in accordance with the New York 
State Social Services Law with no more than six chil- 
dren between the ages of 2 and 13, or with no more 
than five children if any are under the age of 2, receiv- 
ing supervised care on less than a 24-hour basis and 
not overnight. 

Exception: Class A multiple dwellings classified 
in Group 1-1. 

Convents and monasteries with more than 20 occupants 

in the building 
Student apartments 

310.13 Group R-3. This occupancy shall include buildings or 
portions thereof containing no more than 2 dwelling units, 
occupied, as a rule, for shelter and sleeping accommodation on 
a long-term basis for a month or more at a time, and are not 
classified in Group R-l, R-2 or I. This group shall include, but 
not be limited to, the following: 

Convents and monasteries with fewer than 20 occupants in 

the building 
Group homes 
One- and two-family dwellings, including the following: 

1 . Dwelling units where the resident of the unit provides 
custodial care to no more than four persons on less 
than a 24-hour basis and not overnight. 

2. Dwelling units where the resident of the unit provides 
child custodial care as a family day care home regis- 
tered with the New York City Department of Health 
and Mental Hygiene in accordance with the New York 
State Social Services Law with no more than six chil- 
dren between the ages of 2 and 13, or with no more 
than five children if any are under the age of 2, receiv- 
ing supervised care on less than a 24-hour basis and 
not overnight. 

310.2 Definitions. The following words and terms shall, for the 
purposes of this section and as used elsewhere in this code, 
have the meanings shown herein. 

APARTMENT. A dwelling unit providing permanent provi- 
sions for both sanitation and kitchen facilities, occupied or 
arranged to be occupied by not more than one family maintain- 
ing a common household. 

APARTMENT, STUDENT. An apartment occupied or 
arranged to be occupied by students enrolled at a single accred- 
ited college or university and maintaining a common house- 
hold pursuant to a lease, sublease, or occupancy agreement 
directly with such college or university. 



2008 NEW YORK CITY BUILDING CODE 



37 



USE AND OCCUPANCY CLASSIFICATION 



BOARDER (ROOMER, LODGER). A person who pays a 
consideration for living within the household and does not 
occupy such space as an incident of employment. 

CONGREGATE LIVING UNIT. A dwelling unit, comprised 
of one or more habitable rooms separated by nonrated parti- 
tions, occupied or arranged to be occupied by more than one 
family or by persons who are not maintaining a common 
household. Creation of or conversion to such unit shall be sub- 
ject to Section 27-2077 of the New York City Housing Mainte- 
nance Code, 

CUSTODIAL CARE FACILITY. A building or part thereof 
occupied by persons, on less than a 24-hour basis and not over- 
night, who because of age, disability or other reasons, receive 
personal care services by individuals other than parents or 
guardians, relatives by blood, marriage, domestic partnership, 
or adoption, in a place other than the home of the person cared 
for. 

DWELLING. A building or structure which is occupied in 
whole or in part as the home, residence or sleeping place of one 
or more families. 

DWELLING, MULTIPLE. A dwelling which is either 
rented, leased, let or hired out, to be occupied, or is occupied, as 
the residence or home of three or more families living inde- 
pendently of each other. A multiple dwelling does not include a 
building used for occupancies in Groups 1-2, 1-3 or 1-4. 

DWELLING, ONE-FAMILY. Any building or structure 
designed and occupied exclusively for residence purposes on a 
long-term basis for more than a month at a time by not more 
than one family. One-family dwellings shall also be deemed to 
include a dwelling located in a series of one-family dwellings 
each of which faces or is accessible to a legal street or public 
thoroughfare, provided that each such dwelling unit is 
equipped as a separate dwelling unit with all essential services, 
and also provided that each such unit is arranged so that it may 
be approved as a legal one-family dwelling. 

DWELLING, TWO-FAMILY. Any building or structure 
designed and occupied exclusively for residence purposes on a 
long-term basis for more than a month at a time by not more 
than two families. Two-family dwellings shall also be deemed 
to include a dwelling located in a series of two-family dwell- 
ings each of which faces or is accessible to a legal street or pub- 
lic thoroughfare, provided that each such dwelling is equipped 
as a separate dwelling with all essential services, and also pro- 
vided that each such dwelling is arranged so that it may be 
approved as a legal two-family dwelling. 

DWELLING UNIT. A single unit consisting of one or more 
habitable rooms and occupied or arranged to be occupied as a 
unit separate from all other units within a dwelling. 

FAMILY. 

1 . A single person occupying a dwelling unit and maintain- 
ing a common household with not more than two board- 
ers, roomers or lodgers; or 

2. Two or more persons related by blood, adoption, legal 
guardianship, marriage or domestic partnership; occu- 
pying a dwelling unit and maintaining a common house- 



hold with not more than two boarders, roomers or lodg- 
ers; or 

3. Not more than three unrelated persons occupying a 
dwelling unit and maintaining a common household; or 

4. Not more than three unrelated persons occupying a 
dwelling unit in a congregate housing or shared living 
arrangement and maintaining a common household; or 

5. Members of a group home; or 

6. Foster children placed in accordance with provisions of 
the New York State Social Services Law, their foster par- 
ents), and other persons related to the foster parents by 
blood, marriage or domestic partnership; where all resi- 
dents occupy and maintain a common household with 
not more than two boarders, roomers or lodgers; or 

7. Up to seven unrelated students enrolled at a single 
accredited college or university occupying a student 
apartment and maintaining a common household pursu- 
ant to a lease, sublease, or occupancy agreement directly 
with such college or university, provided that: 

7.1. The entire structure in which the dwelling unit is 
located is fully sprinklered in accordance with 
Chapter 9; and 

7.2. Such occupancy does not exceed the maximums 
contained in Section 27-2075(a) of the New York 
City Housing Maintenance Code: and 

7.3. Prior to commencement of such occupancy, and 
on an annual basis thereafter such college or uni- 
versity has submitted a fire safety plan contain- 
ing fire safety and evacuation procedures for 
such dwelling unit that is acceptable to the fire 
commissioner and in compliance with any rules 
promulgated by the Fire Commissioner; and 

7.4. The dwelling unit complies with additional occu- 
pancy and construction requirements as may be 
established by rule by the housing preservation 
and Development Commissioner. 

A common household is deemed to exist if all household 
members have access to all parts of the dwelling unit. Lack of 
access to all parts of the dwelling unit establishes a rebuttable 
presumption that no common household exists. 

GROUP HOME. A facility for the care and maintenance of 
not fewer than seven nor more than 12 children, supervised by 
the New York State Board of Social Welfare, and operated pur- 
suant to and meeting any additional construction requirements 
of Section 374-c of the New York State Social Services Law and 
applicable regulations of the New York State Department of 
Social Services. Such a facility occupied by more than 12 chil- 
dren shall be classified as Group 1-1. 

PERSONAL CARE SERVICE. The care of residents who do 
not require chronic or convalescent medical or nursing care. 
Personal care involves responsibility for the safety of the resi- 
dent while inside the building. 

RESIDENTIAL CARE/ASSISTED LIVING FACILI- 
TIES. A building or part thereof housing persons, on a 24-hour 
basis, who because of age, mental disability or other reasons, 



38 



2008 NEW YORK CITY BUILDING CODE 



USE AND OCCUPANCY CLASSIFICATION 



live in a supervised residential environment which provides 
personal care services. The occupants are capable of self-pres- 
ervation and are capable of responding to an emergency situa- 
tion without physical assistance from staff. This classification 
shall include, but not be limited to, the following: residential 
board and care facilities, assisted living facilities, halfway 
houses, congregate care facilities, social rehabilitation facili- 
ties, alcohol and drug abuse rehabilitation centers and conva- 
lescent facilities. 

ROOMING HOUSE. A dwelling (i) which was originally 
erected as a single- or two-family private dwelling pursuant to 
the New York City Building Code in effect prior to December 6, 
1968, (ii) which is a "Class B converted dwelling" as such term 
is defined in the New York City Housing Maintenance Code, 
and (iii) which has more than half of its habitable rooms as 
sleeping units. The creation of or conversion to a rooming 
house shall be limited by Section 27-2077 of the New York City 
Housing Maintenance Code. 

SLEEPING UNIT. A dwelling unit, which may contain either 
toilet or kitchen facilities but not both. Any sleeping unit hous- 
ing more than one family shall also be classified as a congre- 
gate living unit. The creation of or conversion to sleeping units 
shall be limited by Section 27-2077 of the New York City Hous- 
ing Maintenance Code. 



SECTION BC 311 
STORAGE GROUP S 

311.1 Storage Group S. Storage Group S occupancy includes, 
among others, the use of a building or structure, or a portion 
thereof, for storage, such as for warehouses, storage rooms, 
freight depots and distribution centers, when not classified as a 
hazardous occupancy. 

311.2 Moderate-hazard storage, Group S-l. Buildings 

occupied for storing any flammable or combustible materials 
that are likely to permit the development and production of fire 
with moderate rapidity including, but not limited to, storage of 
the following: 

Aerosols, Levels 2 and 3 

Bags; cloth, burlap and paper 

Bamboos and rattan 

Baskets 

Belting; canvas and leather 

Books and paper in rolls or packs 

Boots and shoes 

Buttons, including cloth covered, pearl or bone 

Cardboard and cardboard boxes 

Clothing, woolen wearing apparel 

Cordage 

Furniture 

Furs 

Glues, mucilage, pastes and size 

Grains 

Horns and combs, other than celluloid 

Leather 

Linoleum 

Lumber 

Photo engravings 

Resilient flooring 



Silks 

Soaps 

Sugar 

Tires, bulk storage of 

Tobacco, cigars, cigarettes and snuff 

Upholstery and mattresses 

Wax candles 

311.3 Low-hazard storage, Group S-2. Includes, among oth- 
ers, buildings used for the storage of noncombustible materials 
such as products on wood pallets or in paper cartons with or 
without single thickness divisions; or in paper wrappings. Such 
products are permitted to have a negligible amount of plastic 
trim, such as knobs, handles or film wrapping. Storage uses 
shall include, but not be limited to, storage of the following: 

Asbestos 

Beverages up to and including 12-percent alcohol in metal, 

glass or ceramic containers 
Cement in bags 
Chalk and crayons 

Dairy products in nonwaxed coated paper containers 
Dry cell batteries 
Electrical coils 
Electrical motors 
Empty cans 
Food products 

Foods in noncombustible containers 
Fresh fruits and vegetables in nonplastic trays or containers 
Frozen foods 
Glass 

Glass bottles, empty or filled with noncombustible liquids 
Gypsum board 
Inert pigments 
Ivory 
Meats 

Metal cabinets 

Metal desks with plastic tops and trim 
Metal parts 
Metals 
Mirrors 

Oil-filled and other types of distribution transformers 
Parking garages, open or enclosed 
Porcelain and pottery 
Stoves 

Talc and soapstones 
Washers and dryers 



SECTION BC 312 
UTILITY AND MISCELLANEOUS GROUP U 

312.1 General. Buildings and structures of an accessory char- 
acter and miscellaneous structures not classified in any specific 
occupancy shall be constructed, equipped and maintained to 
conform to the requirements of this code commensurate with 
the fire and life hazard incidental to their occupancy. Group U 
shall include, but not be limited to, the following: 

Carports 

Fences more than 6 feet (1829 mm) high 
Private garages as per Section 406.1 
Retaining walls 



2008 NEW YORK CITY BUILDING CODE 



39 



USE AND OCCUPANCY CLASSIFICATION 



Sheds or greenhouses accessory to Group R-3 occupancies, 
that are freestanding, less than 120 square feet (11.15 
m 2 ) in area, not permanently affixed to the ground, and 
used for household goods or items associated with the 
garden or lawn. Any other shed shall be classified as 
either S-l or S-2. 

Tanks 

Towers 



40 2008 NEW YORK CITY BUILDING CODE 



CHAPTER 4 

SPECIAL DETAILED REQUIREMENTS 
BASED ON USE AND OCCUPANCY 



SECTION BC 401 
SCOPE 

401.1 Detailed use and occupancy requirements. In addition 
to the occupancy and construction requirements in this code, 
the provisions of this chapter apply to the special uses and 
occupancies described herein. 



SECTION BC 402 
COVERED MALL BUILDINGS 

402.1 Scope. The provisions of this section shall apply to 
buildings or structures defined herein as covered mall buildings 
not exceeding three floor levels at any point nor more than three 
stories above grade. Except as specifically required by this sec- 
tion, covered mall buildings shall meet applicable provisions of 
this code. 

Exceptions: 

1. Foyers and lobbies of Groups B, R-l and R-2 are not 
required to comply with this section. 

2. Buildings need not comply with the provisions of this 
section where they fully comply with other applicable 
provisions of this code. 

402.1.1 Occupancy classification. A mall in compliance 
with the provisions of this section shall be classified as 
occupancy group M. 

402.2 Definitions. The following words and terms shall, for the 
purposes of this chapter and as used elsewhere in this code, 
have the meanings shown herein. 

ANCHOR BUILDING. An exterior perimeter building of a 
group other than H having direct access to a covered mall build- 
ing but having required means of egress independent of the 
mall. 

COVERED MALL BUILDING. A single building enclosing 
a number of tenants and occupants such as retail stores, drink- 
ing and dining establishments, entertainment and amusement 
facilities, passenger transportation terminals, offices, and other 
similar uses wherein two or more tenants have a main entrance 
into one or more malls. For the purpose of this chapter, anchor 
buildings shall not be considered as a part of the covered mall 
building. 

FOOD COURT. A public seating area located in the mall that 
serves adjacent food preparation tenant spaces, 

GROSS LEASABLE AREA. The total floor area designed 
for tenant occupancy and exclusive use. The area of tenant 
occupancy is measured from the centerlines of joint partitions 
to the outside of the tenant walls. All tenant areas, including 
areas used for storage, shall be included in calculating gross 
leasable area. 



MALL. A roofed or covered common pedestrian area within a 
covered mall building that serves as access for two or more ten- 
ants and not to exceed three levels that are open to each other. 

402.3 Lease plan. Each covered mall building owner shall pro- 
vide the department and the Fire Department with a lease plan 
showing the location of each occupancy and its exits after the 
certificate of occupancy has been issued. No modifications or 
changes in occupancy or use shall be made from that shown on 
the lease plan without prior approval of the commissioner. 

402.4 Means of egress. The covered mall building shall be pro- 
vided with means of egress as required by this code. Where 
there is a conflict between the requirements of this code and the 
requirements of this section, the requirements of this section 
shall apply. 

402.4.1 Occupant load. The calculated occupant load used 
to determine the required number of means of egress shall 
be in accordance with this section. 

402.4.1.1 Occupant load of tenant spaces. The occu- 
pant load permitted in any individual tenant space in a 
covered mall building shall be determined in accordance 
with Chapter 10. Means of egress requirements for indi- 
vidual tenant spaces shall be based on the occupant load 
thus determined. 

402.4.1.2 Occupant load of mall. In determining 
required means of egress of the mall, the total occupant 
load in the mall shall include the occupant load attributed 
to the mall as determined by Equation 4-1 , plus the occu- 
pant load of the food court if any, plus the occupant load 
discharged into the mall from individual tenant spaces. 

402.4.1.2.1 Occupant load formula. To determine 
the occupant load attributed to the mall, the number of 
square feet of floor area of the mall, excluding any 
food court, shall be divided by the occupant load fac- 
tor (OLF) value determined by Equation 4-1. 

OLF = (0.00007) (GLA) + 25 (Equation 4-1) 

where: 

OLF - The occupant load factor (square feet per 
person). 

GLA = The gross leasable area (square feet). 

402.4.1.2.2 OLF range. The occupant load factor 1 
(OLF) is not required to be less than 30 and shall not 
exceed 50. 

402.4.1.2.3 Food courts. The occupant load of a food 
court shall be determined in accordance with Section 
1004 and shall be added to the occupant load of the 
mall. 

402.4.1.3 Anchor buildings. The occupant load of 
anchor buildings opening into the mall shall not be 



2008 NEW YORK CITY BUILDING CODE 



41 



SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 



included in computing the total number of occupants for 
the covered mall building. 

402.4.2 Number of means of egress. The required number 
of means of egress shall be determined in accordance with 
this section. 

402.4.2.1 Number of means of egress within tenant 
spaces. Wherever the distance of travel to the mall from 
any location within a tenant space used by persons other 
than employees exceeds 75 feet (22 860 mm) or the ten- 
ant space exceeds an occupant load of 50, no fewer than 
two means of egress shall be provided. 

402.4.2.2 Number of means of egress from the mall. 

The number of means of egress from the mall shall be 
determined in accordance with Chapter 10 and shall be 
based upon an occupant load calculated in accordance 
with Section 402.4.1.2. 

402.4.3 Arrangements of means of egress. Means of 
egress shall be arranged in accordance with this section. 

402.4.3.1 Anchor building means of egress. Required 
means of egress for anchor buildings shall be provided 
independently from the mall means of egress system. 
The occupant load of anchor buildings opening into the 
mail shall not be included in determining means of egress 
requirements for the mall. The path of egress travel of 
malls shall not exit through anchor buildings. Malls ter- 
minating at an anchor building where no other means of 
egress has been provided shall be considered as a 
dead-end mall. 

402.4.3.2 Tenant spaces requiring more than one 

means of egress. Where more than one means of egress 
is required from an individual tenant space as determined 
by Chapter 10, not more than 50 percent of the occupant 
load shall discharge into the mall. 

402.4.3.3 Large assembly occupancy. Assembly occu- 
pancies with an occupant load of 500 or more shall be so 
located in the covered mall building such that their 
entrance will be immediately adjacent to a principal 
entrance to the mall and shall have not less than one-half 
of their required means of egress opening directly to the 
exterior of the covered mall building. 

402.4.4 Distance to exits. The maximum permitted travel 
distance to exits in covered mall buildings shall be in accor- 
dance with this section. 

402.4.4.1 Distance to exits within tenant spaces. The 
maximum travel distance from any point within an indi- 
vidual tenant space to its entrance to the mall or to an exit 
shall not exceed 200 feet (60 960 mm). 

402.4.4.2 Distance to exits within the mall. The maxi- 
mum distance of travel from any point within a mall to an 
exit shall not exceed 200 feet (60 960 mm). 

402.4.5 Access to exits. Where more than one exit is 
required, they shall be so arranged that it is possible to travel 
in either direction from any point in a mall to separate exits. 
However, in dead ends not exceeding a length equal to twice 
the width of the mall measured at the narrowest location 
within the dead end portion of the mall, one direction of 



travel shall be permitted. The minimum width of an exit pas- I 
sageway or corridor from a mall shall be 66 inches (1676 I 
mm). 1 

402.4.5.1 Exit passageway enclosures. Where exit pas- 
sageway enclosures provide a secondary means of egress 
from a tenant space, doors to the exit passageway enclo- 
sures shall be minimum 1-hour fire doors with panic I 
hardware. Such doors shall be self-closing and be so I 
maintained or shall be automatic closing by smoke 
detection. 

402.4.6 Service areas fronting on exit passageways. 
Mechanical rooms, electrical rooms, building service areas 
and service elevators are permitted to open directly into exit 
passageways provided that the exit passageway is separated 
from such rooms by fire barriers providing the same 
fire-resistance rating as required for the exit passageway. 
Door swings from these rooms shall not project into the 
minimum width of such exit passageways. 

402.5 Mall width. For the purpose of providing required 
egress, malls are permitted to be considered as corridors but 
need not comply with the requirements of Section 1005.1 of 
this code where the width of the mall is as specified in this sec- 
tion. 

402.5.1 Minimum width. The minimum width of the mall 
shall be 20 feet (6096 mm). The mall width shall be suffi- 
cient to accommodate the occupant load served. There shall 
be a minimum of 10 feet (3048 mm) clear width to a height 
of 8 feet (2438 mm) between any projection of a tenant 
space bordering the mall and the nearest kiosk, vending 
machine, bench, display opening, food court or other 
obstruction to means of egress travel. 

402.6 Types of construction. Covered mall buildings, 
including anchor buildings, shall be only of Type I, II, and 
IV construction. Their areas shall not be limited provided 
that the covered mall building and attached anchor buildings 
and parking garages are surrounded on all sides by a perma- 
nent open space of not less than 60 feet (1 8 288 mm) and the 
anchor buildings do not exceed three stories in height. The 1 
height of covered mall buildings, including anchor build- 
ings, of Type IIB construction shall be limited to one story, jj 
The allowable height and area of anchor buildings greater 
than three stores in height shall comply with Section 503, as 
modified by Sections 504 and 506. The construction type of 
open parking garages and enclosed parking garages shall 
comply with Sections 406.3 and 406.4, respectively. 

402.7 Fire-resistance-rated separation. Fire-resis- 
tance-rated separation is not required between tenant spaces 
and the mall. Fire-resistance-rated separation is not required 
between a food court and adjacent tenant spaces or the mall. 

402.7.1 Attached garage. An attached parking garage for 1 
the storage of passenger vehicles having a capacity of not 
more than nine persons and open parking garages shall be 
considered as a separate building where it is separated from 
the covered mall building by a fire barrier having a 
fire-resistance rating of at least 2 hours. Openings in such I 
barrier shall be 17 2 -hour fire-rated self-closing or shall be I 



42 



2008 NEW YORK CITY BUILDING CODE 



SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 



■ automatic closing upon the activation of a smoke detector or 
fire alarm. 

Exception: Where an open parking garage or enclosed 
parking garage is separated from the covered mall build- 
ing or anchor building by a distance greater than 10 feet 
(3048 mm), the provisions of Table 602 shall apply. 
1 Pedestrian walkways and tunnels that attach the open 

parking garage or enclosed parking garage to the covered 
mall building or anchor building shall be constructed in 
accordance with Section 3104. 

402.7.2 Tenant separations. Each tenant space shall be 
separated from other tenant spaces by a fire partition com- 
plying with Section 708. A tenant separation wall is not 
required between any tenant space and the mall. 

402.7.3 Anchor building separation. An anchor building 
shall be separated from the covered mall building by fire 
walls complying with Section 705. 

Exception: Anchor buildings of not more than three sto- 
1 ries above grade that have an occupancy classification of 

the same uses permitted as tenants of the covered mall 

building shall be separated by 2-hour fire resistive fire 
1 barriers complying with Section 706. Openings between 

such buildings and the mall need not be protected. 

402.8 Automatic sprinkler system. The covered mall build- 
ing and buildings connected shall be provided throughout with 
an automatic sprinkler system in accordance with Section 

1 903.3.1.1, that shall comply with the following: 

1. The automatic sprinkler system shall be complete and 
operative throughout occupied space in the covered mall 
building prior to occupancy of any of the tenant spaces. 
Unoccupied tenant spaces shall be similarly protected 
unless provided with approved alternate protection. 

2. Sprinkler protection for the mall shall be independent 
from that provided for tenant spaces or anchors. Where 
tenant spaces are supplied by the same system, they shall 
be independently controlled. 

Exception: An automatic sprinkler system shall not 
be required in spaces or areas of open parking garages 
constructed in accordance with Section 406.2. 

402.8.1 Standpipe system. The covered mall building shall 
be equipped throughout with a standpipe system as required 
by Section 905.3.3. 

402.9 Smoke control. A smoke control system shall be pro- 

Ivided in accordance with Section 909 for malls greater than one 
story in height. 

402.10 Kiosks. Kiosks and similar structures (temporary or 
permanent) shall meet the following requirements: 

1. Combustible kiosks or other structures shall not be 
located within the mall unless constructed of any of the 
following materials: 

1.1. Fire-retardant-treated wood complying with 
Section 2303.2. 

1.2. Foam plastics having a maximum heat release 
rate not greater than 100 kW (105 Btu/h) when 



tested in accordance with the exhibit booth proto- 
col in UL 1975. 

1.3. Aluminum composite material (ACM) having a 
flame spread index of not more than 25 and a 
smoke-developed index of not more than 450 
when tested as an assembly in the maximum 
thickness intended for use in accordance with 
ASTM E 84. 

2. Kiosks or similar structures located within the mall shall 
be provided with approved fire suppression and detec- 
tion devices. 

3. The minimum horizontal separation between kiosks or 
groupings thereof and other structures within the mall 
shall be 20 feet (6096 mm). 

4. Each kiosk or similar structure or groupings thereof shall 
have a maximum area of 300 square feet (28 m 2 ). 

402.11 Security grilles and doors. Horizontal sliding or verti- 
cal security grilles or doors that are a part of a required means of 
egress shall conform to the following: 

1. They shall remain in the full open position during the 
period of occupancy by the general public. 

2. Doors or grilles shall not be brought to the closed posi- 
tion when there are more than 10 persons occupying 
spaces served by a single exit or 50 persons occupying 
spaces served by more than one exit. 

3. The doors or grilles shall be openable from within with- 
out the use of any special knowledge or effort where the 
space is occupied. 

4. Where two or more exits are required, not more than 
one-half of the exits shall be permitted to include either a 
horizontal sliding or vertical rolling grille or doors. 

402.12 Emergency power. Covered mall buildings exceeding 1 
50,000 square feet (4645 m 2 ) shall be provided with emergency § 
power systems that are capable of operating the emergency 
voice/alarm communication system. 

402.13 Emergency voice/alarm communication system. 

Covered mall buildings exceeding 50,000 square feet (4645 
m 2 ) in total floor area shall be provided with an emergency 
voice/alarm communication system. Emergency voice/alarm 
communication systems serving a mall, required or otherwise, 
shall be accessible to the Fire Department. The system shall be 1 
provided in accordance with Section 907.2.12.2. 

402.14 Plastic signs. Within every store or level and from side- 
wall to sidewall of each tenant space facing the mall, plastic 
signs shall be limited as specified in Sections 402. 14. 1 through 
402.14.5. 

402.14.1 Area. Plastic signs shall not exceed 20 percent of 
the wall area facing the mall. 

402.14.2 Height and width. Plastic signs shall not exceed a 
height of 36 inches (914 mm), except if the sign is vertical, 
the height shall not exceed 96 inches (2438 mm) and the 
width shall not exceed 36 inches (914 mm). 

402.143 Location. Plastic signs shall be located a mini- 
mum distance of 1 8 inches (457 mm) from adjacent tenants. 



2008 NEW YORK CSTY BUILDING CODE 



43 



SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 



402.14.4 Plastics other than foam plastics. Plastics other 
than foam plastics used in signs shall be light-transmitting 
plastics complying with Section 2606.4 or shall have a 
self-ignition temperature of 650°F (343°C) or greater when 
tested in accordance with ASTM D 1929, and a flame 
spread index not greater than 75 and smoke-developed 
index not greater than 450 when tested in the manner 
intended for use in accordance with ASTM E 84 or meet the 
acceptance criteria of Section 803.2. 1 when tested in accor- 
dance with NFPA 286. 

402.14.4.1 Encasement. Edges and backs of plastic 
signs in the mall shall be fully encased in metal. 

402.14.5 Foam plastics. Foam plastics used in signs shall 
have flame-retardant characteristics such that the sign has a 
maximum heat-release rate of 150 kilowatts when tested in 
accordance with UL 1975 and the foam plastics shall have 
the physical characteristics specified in this section. Foam 
plastics used in signs installed in accordance with Section 
402.14 shall not be required to comply with the flame 
spread and smoke-developed indexes specified in Section 
2603.3. 

402.14.5.1 Density. The minimum density of foam plas- 
tics used in signs shall not be less than 20 pounds per 
cubic foot (pcf) (320 kg/m 3 ). 

402.14.5.2 Thickness. The thickness of foam plastic 
signs shall not be greater than V 2 -inch (12.7 mm). 

1 402.15 Fire Department access to equipment. Rooms or 
areas containing controls for air-conditioning systems, auto- 
matic fire-extinguishing systems or other detection, suppres- 
Ision or control elements shall be identified for use by the Fire 
Department. 



SECTION BC 403 
HIGH-RISE BUILDINGS 

403.1 Applicability. The provisions of this section shall apply 
to buildings having occupied floors located more than 75 feet 
(22 860 mm) above the lowest level of fire department vehicle 
access. 

Exception: The provisions of this section shall not apply to 
the following buildings and structures: 

1. Buildings occupied entirely by Group R-3 classifica- 
tion. 

2. Open parking garages in accordance with Section 
406.3. 

3. Buildings with an occupancy in Group A-5 in accor- 
dance with Section 303.1, 

4. Low-hazard special industrial occupancies in accor- 
dance with Section 503.1.2. 

5. Buildings with an occupancy in Group H-l, H-2 or 
H-3 in accordance with Section 415. 

403.2 Automatic sprinkler system. Buildings and structures 
shall be equipped throughout with an automatic sprinkler sys- 
tem in accordance with Section 903.3.1.1. A secondary water 
supply shall be provided where required by Section 903.3.5.2 



and in any building having occupied floors more than 300 feet I 
(9 1 440 mm) above the lowest level of Fire Department vehicle 1 
access. | 

403.3 Reserved. | 

403.4 Emergency escape and rescue. Emergency escape and 
rescue openings required by Section 1025 are not required. 

403.5 Automatic fire detection. Smoke detection shall be pro- 
vided in accordance with Section 907.2.12.1. 

403.6 Emergency voice/alarm communication systems. An 
emergency voice/alarm communication system shall be pro- 
vided in accordance with Section 907.2.12.2, 

403.7 Fire Department communications system, A two-way 1 
fire department communications system shall be provided for 
Fire Department use in accordance with Section 907.2. 12.3. 1 

403.8 Fire command. A fire command center complying with 
Section 91 1 shall be provided in a location approved by the Fire 
Department. 

403.9 Elevators. Elevator operation and installation shall be in 
accordance with Chapter 30. 

403.9.1 Elevator lobbies. Elevator lobbies shall be pro- 
vided in accordance with Sections 403.9. 1 . 1 and 403.9. 1 .2. 

403.9.1.1 Applicability. Elevator lobbies shall be pro- 
vided at the following locations: 

1 . Elevators opening onto a fire-resistance-rated cor- 
ridor. In all occupancy groups, elevator lobbies 
shall be provided at any location where an elevator 
opens onto a fire-resistance-rated corridor. 

2. Elevators serving Group B occupancies. Notwith- 
standing Item 1, elevators that serve four or more 
stories that contain space classified in occupancy 
Group B, inclusive of any lobby or entrance level, 
shall provide elevator lobbies at every level served 
by such elevator. 

Exceptions: Elevator lobbies are not required 
under the following conditions: 

1. Street-floor lobbies. Street-floor lobbies 
provided that the entire street floor is 
equipped with an automatic sprinkler 
system in accordance with Section 
903.3.1.1. 

2. Elevators without shafts. Elevators that 
are not required to be located in a shaft in 
accordance with Section 707.2. 

3. Zero-clearance doors. Elevator openings 
provided with zero-clearance doors in 
addition to hoistway doors and elevator 
car doors. Such zero-clearance doors 
shall be tested in accordance with UL 
1784 without an artificial bottom seal. 
When serving as an accessible route, 
such additional doors shall operate auto- 
matically and in compliance with Chap- 
ter 11. 



44 



2008 SMEW YORK CITY BUILDING CODE 



SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 



4. Small floor areas. On floors with less 
than 2,500 square feet (232 m 2 ), the com- 
missioner may accept an alternative 
design or construction method that 
accomplishes the purposes of this sec- 
tion, or if the commissioner determines 
that compliance with this section is 
impracticable in whole or in part, the 
commissioner may authorize an exemp- 
tion from the requirements of this sec- 
tion. 

5. Pressurized elevator shafts. When the 
elevator is pressurized in accordance 
with the requirements of the commis- 
sioner. 

6. Group R-2 occupancy. 

403.9.1.2 Construction. Elevator lobbies shall be con- 
structed in accordance with the following: 

1 . The lobbies shall be constructed as a smoke parti- 
tion complying with Section 710. 

2. The lobbies shall separate the elevator from all 
other spaces on the story. 

3. The lobbies shall have at least one means of egress 
complying with Chapter 10 and other provisions 
of this code. 

4. Access to an exit on any story through an elevator 
lobby shall be permitted provided that access to at 
least one other required exit does not require pass- 
ing through the elevator lobby. 

403.9.2 Impact resistant elevator shafts. Elevator shafts 
shall be constructed of impact resistant walls. Minimum 
impact resistance standards shall be established by rules of 
the department. 

403.10 Reserved. 

403.11 Emergency power systems. An emergency power sys- 
tem complying with Section 2702 shall be provided for emer- 
gency power loads specified in Sections 403.11.1 and 
403.11.2. 

403.11.1 Emergency power loads in occupancies other 
than R-2. In buildings of any occupancy group other than 
Group R-2, the following are classified as emergency power 
loads: 

1 . Exit signs and means of egress illumination required 
by Chapter 10; and 

2. Elevator car lighting; and 

3. Emergency voice/alarm communications systems; 
and 

4. Automatic fire detection systems; and 

5. Fire alarm systems; and 

6. Power and lighting for the fire command center 
required by Section 403.8; and 

7. Electrically powered fire pumps; and 



8. Ventilation and automatic fire detection equipment 
for smokeproof enclosures; and 

9. Elevators in accordance with Section 3003; and 

10. Stair pressurization systems when provided. 

403.11.2 Emergency power loads in Group R-2 occupan- 
cies. Group R-2 occupancies in buildings greater than 125 
feet (38 100 mm) in height shall be required to provide an 
emergency power system to support the following loads: 

1. Exit signs and means of egress illumination required 
by Chapter 10; 

2. At least one elevator serving all floors, or one elevator 
per bank where different banks serve different por- 
tions of the building; 

3. Emergency voice communications systems; and 

4. Electrically powered fire pumps, unless electrical 
power to the motor is taken ahead of the main from the 
street side of the house service switch. 

Where a generator is used as the emergency power sys- 
tem, diesel or gas shall be permitted as the fuel source in 
accordance with Section 2702.1. 

403.12 Stairway door operation. Doors opening into interior 
stair enclosures shall not be locked from either side. However, a 
door locked from the stair side may be permitted provided that 
such door is equipped with an automatic fail safe system for 
opening in the event of the activation of any automatic fire 
detection system, or when any elevator recall is activated, or 
when any signal is received from the fire command center. 
Such door shall be deemed as open able from the stair side. Stair 
reentry signs shall be posted throughout the stairway indicating 
that reentry is provided only during fire emergencies. Such 
signs shall be in accordance with Section 1026.4.2. 

403.12.1 Stairway communications system. A telephone 
or other two-way communications system connected to an 
approved constantly attended station shall be provided at 
not less than every fifth floor in each required stairway 
where stair side doors are locked. 



§ 



403.13 Smokeproof exit enclosures. Every required stairway 
serving occupied floors more than 75 feet (22 860 mm) above 1 
the lowest level of fire department vehicle access shall comply 
with Sections 909.20 and 1019.1.8. 

Exception for R-2 occupancies: Smokeproof enclosures I 

are not required in occupancy Group R-2 unless provided I 
pursuant to Exception 2 of Section 912.1. j 

403.14 Seismic considerations. For seismic considerations, 
see Chapter 16. 

403.15 Impact-resistant stair enclosures. Exit stair enclo- 
sures shall be constructed of impact-resistant walls. Minimum 
impact-resistance standards shall be established by rules of the 
department. 

403.16 Exit path markings. All high-rise buildings shall be 
provided with photoluminescent exit path markings conform- 
ing to Section 1026. 

Exception: Exit paths serving Group R-2. 



2008 NEW YORK CITY BUILDING CODE 



45 



SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 



403.17 Outdoor air intakes. For high-rise buildings, outdoor 
air intakes serving spaces above the second story and serving 
spaces greater than 10,000 square feet (929 m 2 ) of floor area 
shall be located in accordance with Section 401.5 of the New 
York City Mechanical Code. 

Exception: Group R-2 occupancy. 

403.18 Open web steel joists. The use of open web steel joists 
shall be prohibited in high-rise buildings until the commis- 
sioner promulgates rules establishing minimum acceptable 
fireproof ing methods. 



SECTION BC 404 
ATRIUMS 

404.1 General. In other than Group H occupancies, and where 
permitted by Exception 5 in Section 707.2, the provisions of 
this section shall apply to buildings or structures containing 
vertical openings defined herein as atriums. 

404.1.1 Definition. The following word and term shall, for 
the purposes of this chapter and as used elsewhere in this 
code, have the meaning shown herein. 

ATRIUM. An opening connecting three or more stories other 
than enclosed stairways, elevators, hoistways, escalators, 
plumbing, electrical, air-conditioning or any other vertical 
openings that are not required to be enclosed by other provi- 
sions of this code, which is closed at the top and not defined as a 
mall. Stories, as used in this definition, do not include balconies 
within assembly groups or mezzanines that comply with Sec- 
tion 505. 

404.2 Use. The floor of the atrium shall not be used for other 
than low fire hazard uses, and only approved materials and dec- 
orations in accordance with the New York City Fire Code shall 
be used in the atrium space. 

Exception: The atrium floor area is permitted to be used for 
any approved use where the individual space is provided 
with an automatic sprinkler system in accordance with Sec- 
tion 903.3.1.1. 

404.3 Automatic sprinkler protection. An approved auto- 
matic sprinkler system shall be installed throughout the entire 
building. 

Exceptions: 

1 . That area of a building adjacent to or above the atrium 
need not be sprinklered provided that portion of the 
building is separated from the atrium portion by a 
2-hour fire barrier wall or horizontal assembly or 
both. 

2. Where the ceiling of the atrium is more than 55 feet 
(16 764 mm) above the floor, sprinkler protection at 
the ceiling of the atrium is not required. 

404.4 Smoke control. A smoke control system shall be 
installed in accordance with Section 909. 

Exception: Smoke control is not required for floor open- 
ings meeting the requirements of Section 707.2, Exceptions 
2 and 8. 



404.5 Enclosure of atriums. Atrium spaces shall be separated 1 
from adjacent spaces by a 2-hour fire barrier wall. 

Exceptions: 

1 . A glass or glass-block wall forming a smoke partition I 
where automatic sprinklers are spaced 6 feet (1829 
mm) or less along both sides of the separation wall, or 
on the room side only if there is not a walkway on the 
atrium side, and between 4 inches and 12 inches (102 
mm and 305 mm) away from the glass and so 
designed that the entire surface of the glass is wet 
upon activation of the sprinkler system. The glass 
shall be installed in a gasketed frame so that the fram- 
ing system deflects without breaking (loading) the 
glass before the sprinkler system operates. 

2. The adjacent spaces of any three floors of the atrium 
shall not be required to be separated from the atrium 
where such spaces are included in computing the 
atrium volume for the design of the smoke control 
system. 

404.6 Emergency power. Equipment required to provide 1 
smoke control shall be connected to an emergency power sys- 1 
tern in accordance with Section 909.1 1. 

404.7 Interior finish. The interior finish of walls and ceilings 
of the atrium shall not be less than Class B with no reduction in 
class for sprinkler protection. 

404.8 Travel distance. In other than the lowest level of the 
atrium, where the required means of egress is through the 
atrium space, the portion of exit access travel distance within 
the atrium space shall not exceed 200 feet (60 960 mm). 

404.9 Types of construction. Buildings containing atriums 1 
shall be only of Type I, II A and IV construction. | 



SECTION BC 405 
UNDERGROUND BUILDINGS 

405.1 General. The provisions of this section apply to building 
spaces having a floor level used for human occupancy more 
than 30 feet (9144 mm) below the lowest level of exit dis- 
charge. 

Exceptions: 

1. One- and two-family dwellings, sprinklered in accor- 
dance with Section 903.3.1.3. 

2. Parking garages with automatic fire suppression sys- 
tems in compliance with Section 405.3. 

3. Fixed guideway transit systems. 

4. Grandstands, bleachers, stadiums, arenas and similar 
facilities. 

5. Where the lowest story is the only story that would 
qualify the building as an underground building and 
has an area not exceeding 1,500 square feet (139 m 2 ) 
and has an occupant load less than 10. 

405.2 Construction requirements. The underground portion 
of the building shall be of Type I construction. 



46 



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405.3 Automatic sprinkler system. The highest level of exit 
discharge serving the underground portions of the building and 
all levels below shall be equipped with an automatic sprinkler 
system installed in accordance with Section 903.3.1.1. 
Water- flow switches and control valves shall be supervised in 
accordance with Section 903.4. 

405.4 Compartmentation. Compartmentation shall be in 
accordance with Sections 405.4.1 through 405.4.3. 

405.4.1 Number of compartments. A building having a 
floor level more than 60 feet (18 288 mm) below the lowest 
level of exit discharge shall be divided into a minimum of 
two compartments of approximately equal size. Such 
compartmentation shall extend through the highest level of 
exit discharge serving the underground portions of the 
building and all levels below. 

Exception: The lowest story need not be compartmented 
where the area does not exceed 1,500 square feet (139 
m 2 ) and has an occupant load of less than 10. 

405.4.2 Smoke barrier penetration. The separation 
between the two compartments shall be of minimum 2-hour 
fire barrier wall construction that shall extend from floor 
slab to floor deck above. Openings between the two com- 
partments shall be limited to plumbing and electrical piping 
and conduit penetrations firestopped in accordance with 
Section 712. Doorways shall be protected by door assem- 
blies that are automatic-closing by smoke detection in 
accordance with Section 715.3 and shall be provided with 
gasketing and a drop sill to minimize smoke leakage. Where 
provided, each compartment shall have an air supply and an 
exhaust system independent of the other compartments. 

405.4.3 Elevators. Where elevators are provided, each 
compartment shall have direct access to an elevator. Where 
an elevator serves more than one compartment, an elevator 
lobby shall be provided and shall be separated from each 
compartment by a 2-hour fire barrier wall. Doors shall be 
gasketed, have a drop sill, and be automatic-closing by 
smoke detection installed in accordance with Section 
907.10. 

405.5 Smoke control system. A smoke control system shall be 
provided in accordance with Sections 405.5.1 and 405.5.2. 

405.5.1 Control system. A smoke control system is 
required to control the migration of products of combustion 
in accordance with Section 909 and the provisions of this 
section. Smoke control shall restrict movement of smoke to 
the general area of fire origin and maintain means of egress 
in a usable condition. 

405.5.2 Smoke exhaust system. Where compartmentation 
is required, each compartment shall have an independent 
smoke control system. The system shall be automatically 
activated and capable of manual operation in accordance 
with Section 907.2.18. 

405.6 Fire alarm systems. A fire alarm system shall be pro- 
vided where required by Section 907.2.19. 

405.7 Public address. A public address system shall be pro- 
vided where required by Section 907.2.19.1. 



405.8 Means of egress. Means of egress shall be in accordance 
with Sections 405.8.1 and 405.8.2. 

405.8.1 Number of exits. Each floor level shall be provided 
with a minimum of two exits. Where compartmentation is 
required by Section 405.4, each compartment shall have a 
minimum of one exit and shall also have an exit access door- 
way into the adjoining compartment. 

405.8.2 Smokeproof enclosure. Every required stairway 
serving floor levels more than 30 feet (9144 mm) below its 
level of exit discharge shall comply with the requirements 
for a smokeproof enclosure as provided in Section 1019.1.8. 

405.9 Reserved. 1 

405.10 Emergency power. An emergency power system com- 
plying with Section 2702 shall be provided for emergency 
power loads specified in Section 405.10.1. 

405.10.1 Emergency power loads. The following loads are 
classified as emergency power loads: 

1. Emergency voice/alarm communications systems. 

2. Fire alarm systems. 

3. Automatic fire detection systems. 

4. Elevator car lighting. 

5. Means of egress and exit sign illumination as 
required by Chapter 10. 

6. Smoke control system. 

7. Ventilation and automatic fire detection equipment 
for smokeproof enclosures. 

8. Fire pumps. 

9. Elevators in accordance with Section 3003. 
10. Stair pressurization systems when provided. 

405.11 Standpipe system. The underground building shall be 
provided throughout with a standpipe system in accordance 
with Section 905. 



SECTION BC 406 
MOTOR-VEHICLE-RELATED OCCUPANCIES 

406.1 Private garages and carports. 

406.1.1 Classification. Private garages and carports, as 
defined by this section, shall be classified as Group U occu- 
pancy. 

406.1.2 Definitions. The following words and terms shall, 
for the purposes of this chapter and as used elsewhere in this 
code, have the meanings shown herein. 

CARPORT. A structure or portion of a structure, accessory 
to a Group R-2 or R-3 occupancy, open on at least two sides 
and unenclosed for at least 50 percent of perimeter, used for 
the parking or storage of passenger motor vehicles. Such 
facility shall not exceed 650 square feet (60.45 m 2 ) in area 

and one story in height. 

* 

PRIVATE GARAGE. An enclosed structure or portion of a 
structure, accessory to a Group R-2 or R-3 occupancy, used 
for the parking or storage of passenger motor vehicles. Such 



2008 NEW YORK CITY BUILDING CODE 



47 



SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 



facility shall not exceed 650 square feet (60 m 2 ) in area and 
one story in height. 

406.1.3 Floor construction. Private garage and carport 
floors shall be of concrete or equivalent noncombustible 
material that will not absorb flammable liquids. The area of 
floor used for parking of vehicles shall be sloped to facilitate 
the movement of liquids to a drain. The sills of all door 
openings connecting a dwelling unit to a private garage shall 
be raised at least 4 inches (102 mm) above the floor level of 
the garage. 

Exception: Asphalt surfaces shall be permitted at 
ground level in carports. 

406,1.3.1 Ramps. Ramps shall have a gradient not 
exceeding one in seven, with nonslip surfaces, and shall 
be located entirely within the property line. However, 
upon application to the commissioner, steeper gradients 
may be accepted, but in no event greater than one in 
three. 

406.1.4 Separation. Separations shall comply with the fol- 
lowing: 

1 . The private garage shall be separated from the dwell- 
ing unit and its attic area by means of a minimum 
1-hour fire-rated construction. Garages beneath hab- 
itable rooms shall be separated from all habitable 
rooms above by not less than 1-hour fire-rated con- 
struction. Openings from a private garage directly 
into a room used for sleeping purposes shall not be 
permitted. 

2. No air used for heating, cooling or ventilation shall be 
circulated through private garages to dwelling areas. 

3. A separation is not required between a Group R-3 
occupancy and a carport, provided the carport does 
not have any enclosed areas above, 

406.2 Parking garages, open or enclosed. 

406.2.1 Classification. Parking garages shall be either 
open, as per Section 406.3, or enclosed, as per Section 
406.4. Parking garages shall also comply with the special 
provisions of Section 509. 

406.2.2 Definitions. The following words and terms shall, 
for the purposes of this chapter and as used elsewhere in this 
code, have the meanings shown herein. 

PARKING GARAGE. A structure or portion of a struc- 
ture, other than a private garage or carport, used for the park- 
ing or storage of motor vehicles. 

406.2.3 General requirements. All parking garages, open 
or enclosed, shall comply with the general provisions of this 
section. 

406.2.3.1 Clear height. The clear height of each floor 
level in vehicle and pedestrian traffic areas shall not be 
less than 7 feet (2134 mm). Vehicle and pedestrian areas 
accommodating van-accessible parking required by Sec- 
tion 1106.5 shall conform to ICC A117.L 

406.2.3.2 Guards. Guards shall be provided in accor- 
dance with Section 1012 at exterior and interior vertical 
openings on floor and roof areas where vehicles are 



parked or moved and where the vertical distance to the 
ground or surface directly below exceeds 30 inches (762 
mm). 

406.2.3.3 Vehicle barriers. Parking areas shall be pro- 
vided with exterior or interior walls or vehicle barriers, 
except at pedestrian or vehicular accesses, designed in 
accordance with Section 1607.7. Vehicle barriers not less 
than 2 feet (610 mm) high shall be placed at the ends of 
drive lanes and at the end of parking spaces where the dif- 
ference in adjacent floor elevation is greater than 1 foot 
(305 mm). 

406.2.3.4 Ramps. Ramps shall have a gradient not 
exceeding one in seven, with nonslip surfaces. A level 
landing having a minimum dimension of 20 feet (6096 
mm) shall be provided at the discharge point of all ramps 
at the street level, within the property line. Ramps used 
for the movement of motor vehicles need not be enclosed 
when serving tiers above grade. Vehicle ramps may serve 
as part of a means of egress provided that such ramp 
complies with the requirements of Sections 1018.1.1 and 
1018.1.2. 

406.2.3.5 Floor surface. Parking surfaces shall be of 
concrete or similar noncombustible and nonabsorbent 
materials. The area of floor used for parking of vehicles 
shall be sloped to facilitate the movement of liquids to a 
drain. 

Exception: Asphalt parking surfaces are permitted at 
ground level. 

406.2.3.6 Separation. Parking garages shall be sepa- 
rated from other occupancies in accordance with Section 
508. 

406.2.3.6.1 Openings prohibited. Openings from a 
parking garage directly into a room used for sleeping 
purposes shall not be permitted. 

406.2.3.6.2 Special hazards. Openings from a park- 
ing garage to any room in which there is a fuel-fired 
appliance shall be by means of a vestibule providing a 
two-doorway separation. Such vestibule and doorway 
shall be minimum 1-hour rated construction. 

Exception: A single door, in compliance with 
Table 715.3, shall be permitted, provided the 
sources of ignition in the appliance are at least 18 
inches (457 mm) above the floor. 

406.2.3.7 Fire-fighter aisles. In any parking garage or 
lot, one or more aisles, at least 24 inches (610 mm) in 
width, shall be provided to permit access by fire-fighting 
personnel to all parts of the garage or lot. There shall not 
be more than three rows of parked motor vehicles 
between aisles. 

406.3 Open parking garages. 

406.3.1 Scope. Except where specific provisions are made 
in the following subsections, other requirements of this 
code shall apply. 



48 



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406.3.2 Definitions. The following words and terms shall, 
for the purposes of this chapter and as used elsewhere in this 
code, have the meanings shown herein. 

MECHANICAL-ACCESS OPEN PARKING GARA- 
GES. Open parking garages employing parking machines, 
lifts, elevators or other mechanical devices for vehicles 
moving from and to street level and in which public occu- 
pancy is prohibited above the street level. 

OPEN PARKING GARAGE. A structure or portion of a 
structure with the openings as described in Section 
■► 406.3.3.1 that is used for the parking or storage of private 
motor vehicles as described in Section 406.3.4. 

RAMP-ACCESS OPEN PARKING GARAGES. Open 

parking garages employing a series of continuously rising 
floors or a series of interconnecting ramps between floors 
permitting the movement of vehicles under their own power 
from and to the street level. 

406.33 Construction. Open parking garages shall be of 
Type I, II or IV construction. Open parking garages shall 
meet the design requirements of Chapter 16. For vehicle 
1 barriers, see Section 406.2.3.3. 

406.3.3.1 Openings. For natural ventilation purposes, 
^ the exterior side of the structure shall have openings 

1 equal to 50 percent of the perimeter walls. The aggregate 

length of the openings considered to be providing natural 
ventilation shall constitute a minimum of 40 percent of 
the perimeter of the tier. Interior walls shall be at least 20 
percent open. 

406.3.4 Uses. Mixed uses shall be allowed in the same 
building as an open parking garage subject to the provisions 

1 of Sections 508, 402.7.1, 406.3. 13, 509.3, 509.4 and509.7. 

406.3.5 Area and height. Area and height of open parking 
garages shall be limited as set forth in Chapter 5 for Group 

^ S-2 occupancies. 

406.3.5.1 Single use. When the open parking garage is 
used exclusively for the parking or storage of private 
motor vehicles, with no other uses in the building, the 
area and height shall be permitted to comply with Table 
406.3.5. 

Exception: The grade-level tier is permitted to con- 
tain an office, waiting and toilet rooms having a total 



combined area of not more than 1 ,000 square feet (93 
m 2 ). Such area need not be separated from the open 
parking garage. In open parking garages having a spi- 
ral or sloping floor, the horizontal projection of the 
structure at any cross section shall not exceed the 
allowable area per parking tier. In the case of an open 
parking garage having a continuous spiral floor, each 
9 feet 6 inches (2896 mm) of height, or portion 
thereof, shall be considered a tier. The clear height of 
a parking tier shall not be less than 7 feet (2 1 34 mm), 
except that a lower clear height is permitted in 
mechanical-access open parking garages where 
approved by the commissioner. 

406.3.6 Reserved. 

406.3.7 Exterior walls. Exterior walls and openings in 
exterior walls shall comply with Tables 601 and 602. The 
distance from an adjacent property line shall be determined 
in accordance with Table 602 and Section 704. 

406.3.8 Means of egress. Open parking garages shall meet 
the means of egress requirements of Chapter 10. However, 
where no persons other than parking attendants are permit- 
ted, required exit stairways shall not be less than 36 inches 
(914 mm) wide. 

406.3.9 Standpipes. Standpipes shall be installed where 
required by the provisions of Section 905. 1 

406.3.10 Sprinkler systems. Automatic sprinkler systems I 
and standpipes shall be installed in accordance with the pro- 
visions of Section 903. An automatic dry sprinkler system j 
may be installed in unheated garages. | 

406.3.11 Enclosure of vertical openings. Enclosure shall 
not be required for vertical openings. ^ 

406.3.12 Ventilation. Openings specified in Section 1 
406.3.3.1 shall satisfy natural ventilation requirements, 1 
Additional mechanical ventilation shall not be required. | 

406.3.13 Prohibitions. The following uses and alterations 
are not permitted: 

1. Vehicle repair work. 

2. Parking of commercial vehicles, buses, trucks and 1 
similar vehicles. 

3. Partial or complete closing of required openings in 
exterior walls by tarpaulins or any other means. 



TABLE 406.3.5 
OPEN PARKING GARAGES AREA AND HEIGHT 



TYPE OF CONSTRUCTION 


AREA PER TIER 
(square feet) 


HEIGHT (in tiers) 


Ramp access 


Mechanical access 


Automatic sprinkler system 


No 


Yes 


IA 


Unlimited 


Unlimited 


Unlimited 


Unlimited 


IB 


Unlimited 


12 tiers 


12 tiers 


18 tiers 


IIA 


50,000 


10 tiers 


10 tiers 


15 tiers 


IIB 


50,000 


8 tiers 


8 tiers 


12 tiers 


IV 


50,000 


4 tiers 


4 tiers 


4 tiers 



For SI: 1 square foot = 0.0929 m 2 . 



2008 NEW YORK CITY BUILDING CODE 



49 



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1 



406.4 Enclosed parking garages. Parking garages and por- 
tions thereof that do not meet the definition of "Open parking 
garages" shall be classified as an enclosed parking garage and 
shall meet the requirements of this section. 

406.4.1 Heights and areas. Enclosed parking garages shall 
be limited to the allowable heights and areas specified in 
Table 503. Permitted roof parking shall not be considered as 
a separate story. 

406.4.2 Ventilation. A mechanical ventilation system shall 
be provided in accordance with the New York City Mechani- 
cal Code. 

406.5 Motor fuel-dispensing facilities. 

406.5.1 Construction. Motor fuel-dispensing facilities 
shall be designed and constructed in accordance with the 
New York City Fire Code and this section. 

406.5.2 Canopies. Canopies under which fuels are dis- 
pensed shall have a clear, unobstructed height of not less 
than 14 feet (4267 mm) to the lowest projecting element in 
the vehicle drive-through area. Canopies and their supports 
over pumps shall be of noncombustible materials. However, 
panels constructed of light- transmitting plastic materials 
shall be permitted to be installed in canopies erected over 
motor vehicle fuel-dispensing station fuel dispensers, pro- 
vided the panels are located at least 10 feet (3048 mm) from 
any building on the same property and face yards or streets 
not less than 40 feet (12 192 mm) in width on the other sides. 
The aggregate areas of plastics shall not exceed 1,000 
square feet (93 m 2 ). The maximum area of any individual 
panel shall not exceed 100 square feet (9.3 m 2 ). 

406.5.3 Storage tanks. Motor fuel storage tanks shall be 
installed below ground, except as authorized by the rules of 
the Fire Department. The installation and venting of storage 
tanks shall be in accordance with the rules of the Fire 
Department and the requirements of the New York City Fire 
Code. Storage tanks installed below ground shall comply 
with the following: 

1 . The top of the storage tanks shall be at least 24 inches 
(610 mm) below finished grade and at least 24 inches 
(610 mm) below the level of any cellar or basement 
floor within 10 feet (3048 mm) of the tanks. 

2. Storage tanks shall be located so that the forces from 
any building foundation and support loads are not 
transmitted to the tanks. The distance from any part of 
a storage tank to the nearest wall of any basement, pit 
or cellar, or from any property line that may be built 
upon, shall not be less than 36 inches (914 mm). 

3 . Storage tanks shall be covered with a structurally sup- 
ported reinforced concrete slab at least 8 inches (203 
mm) thick, extending at least 12 inches (305 mm) 
beyond the horizontal outlines of the storage tanks, 
and placed over a cover of suitable clean backfill 
material. Such slab shall be designed and reinforced 
in accordance with ACI 318. All concrete shall have a 
minimum compressive strength of 4,000 pounds per 
square inch (27 580 kPa) at 28 days. 



4. Storage tanks shall be placed on a 12-inch (305 mm) 
thick concrete base slab or installed in such other 
manner, secured against flotation, and approved by 
the department. 

406.6 Repair garages. 

406.6.1 General. Repair garages shall be constructed in 
accordance with the New York City Fire Code and this sec- | 
tion. This occupancy shall not include motor fuel-dispens- 
ing facilities, as regulated in Section 406.5. 

406.6.2 Mixed uses. Mixed uses shall be allowed in the 
same building as a repair garage subject to the provisions of 
Section 508. | 

406.6.3 Ventilation. Repair garages shall be mechanically 
ventilated in accordance with the New York City Mechanical 1 
Code. The ventilation system shall be controlled at the 
entrance to the garage. 

406.6.4 Floor surface. Repair garage floors shall be of con- 
crete or similar noncombustible and nonabsorbent materi- 
als. 

Exception: Slip-resistant, nonabsorbent, interior floor 
finishes having a critical radiant flux not more than 0.45 
W/cm 2 , as determined by NFPA 253, shall be permitted. 

406.6.5 Heating equipment. Heating equipment shall be 
installed in accordance with the New York City Mechanical | 
Code. 

406.6.6 Gas detection system. Repair garages used for 
repair of vehicles fueled by CNG, LNG, or hydrogen, shall 1 
be provided with an approved flammable gas-detection sys- 
tem. 

406.6.6.1 System design. The flammable gas-detection 
system shall be calibrated to the types of fuels or gases 
used by vehicles to be repaired. The gas detection system 
shall be designed to activate when the level of flammable 
gas exceeds 25 percent of the lower explosive limit. Gas 
detection shall also be provided in lubrication or chassis 
repair pits of garages used for repairing nonodorized 
LNG-fueled vehicles. 

406.6.6.2 Operation. Activation of the gas detection 
system shall result in all of the following: 

1. Initiation of distinct audible and visual alarm sig- 
nals in the repair garage. 

2. Deactivation of all heating systems located in the 
repair garage. 

3. Activation of the mechanical ventilation and 1 
exhaust system, where the system is interlocked | 
with gas detection. 

406.6.6.3 Failure of the gas detection system. Failure 
of the gas detection system shall result in the deactivation 
of the heating system, activation of the mechanical venti- 
lation system when the system is inter-locked with the 
gas detection system and cause a trouble signal to sound 
in an approved location. 

406.7 Open parking lots. 1 



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406.7.1 General. The provisions of this section shall govern 
the construction of open parking lots and to all such existing 
premises hereafter enlarged or changed in location. 

406.7.2 Definitions, The following words and terms shall, 
for the purposes of this chapter and as used elsewhere in this 
code, have the meanings shown herein. 

OPEN PARKING LOT. An exterior space with surfacing 
at grade used for the storage or sale of more than four motor 
vehicles, including but not limited to parking lots, motor 
vehicles sales lots, and accessory open parking spaces. 

406.7.3 Permit required. Any premise intended to be occu- 
pied for the storage or sale of motor vehicles on an open 
parking lot shall require an application to be filed with the 
department in order to obtain a Certificate of Occupancy. 
Such Certificate of Occupancy shall indicate the maximum 
number of vehicles to be accommodated and the type of 
vehicle, whether private passenger or commercial, to be 
stored. An application for or including an open parking lot 
shall be accompanied by a plan exhibiting the following: 

1 . Dimensions of the lot and its location in relation to 
adjoining streets; and 

2. Any structure(s) existing or to be erected on the plot; 
and 

3. The relative elevations of the parking area, curbs 
and adjoining yards or courts; and 

4. Structures, retaining walls, and open spaces on 
adjoining premises; and 

5. Retaining walls to be built; and 

6. Location and dimensions of curb cuts, driveways, 
and enclosures; and 

7. Drainage diagram; and 

8. Specification of surfacing material; and 

9. Parking stall layout with dimensions; and 

10. Analysis exhibiting compliance with the New York 
City Zoning Resolution', and 

1 1 . Other information as may be requested by the com- 
missioner. 

A copy of the plan or diagram approved by the depart- 
ment shall be kept on the premises. Certified, reduced size, 
legible copies may be used for this purpose. When an atten- 
dant's shelter is provided on the parking lot, the Certificate 
of Occupancy issued shall be posted and maintained under 
glass in the shelter. 

406.7.4 Locations prohibited. All vehicular activities 
associated with the operation of open parking lots shall be 
entirely within the property lines of the premises. Vehicles 
shall not be permitted to encroach upon the sidewalks. No 
motor vehicle may be stored or parked in any location where 
it would obstruct a required window or required exit of any 
adjacent building. 

406.7.5 Surfacing. All driveways, parking stalls, and open 
spaces used for the parking or storage of motor vehicles 
shall be surfaced with concrete asphalt, or equivalent dura- 
ble, dustless material. 



406.7.5.1 Drainage. Open parking lots shall be graded 
and maintained such that no drainage will flow onto 
abutting sidewalks and adjoining properties. 

406.7.5.2 Nonporous surfaces. Where the surface pav- 
ing of an open parking lot is nonporous, such lot shall be 
drained as required by the New York City Plumbing 
Code. 

406.7.5.3 Resurfacing. Resurfacing of existing open 
parking lots shall comply with this section. 

406.7.6 Curb cuts. For the purpose of this section, a curb 
cut shall include all splays when determining the total 
length of cut curb. Unless otherwise required by the New 
York City Zoning Resolution, all curb cuts shall comply with 
the following requirements: 

1 . The aggregate length of curb cuts shall not exceed 60 
percent of any street frontage 1 00 feet (30 480 mm) or 
less in length. No single curb cut shall exceed 30 feet 
(9144 mm) in length, and there shall not be more than 
two curb cuts on any street frontage 100 feet (30 480 
mm) or less in length. The minimum distance 
between two curb cuts shall be 5 feet (1524 mm). 

2. For each 50 feet ( 1 5 240 mm) of street frontage length 
over 100 feet (30 480 mm), an additional curb cut no 
greater than 30 feet (9144 mm) in length may be per- 
mitted. 

3. No curb cut shall commence within 8 feet (2438 mm) 
of a side lot line, except that on corner lots and lots 
with street frontage length of 50 feet (15 240 mm) or 
less, the curb cut may commence 30 inches (762 mm) 
from the side lot line. 

4. No curb cut, including splays, shall be less than 10 
feet (3048 mm) in length. 

406.7.7 Driveways. Driveways serving passenger vehicles 
shall be a minimum of 8 feet (2438 mm) in width and shall 
not exceed the length of the curb cut, not including the 
lengths of the splays. For all other motor vehicles, the mini- 
mum width of driveways shall be 10 feet (3048 mm). Por- 
tions of the driveway located between the curb line and the 
lot line shall be paved in accordance with the requirements 
of the Department of Transportation for the construction of 
sidewalks. 

406.7.8 Curbs and bumpers. Open parking lots shall be 
completely separated from adjoining premises and public 
sidewalks by curbs or bumpers of concrete, masonry, steel, 
heavy timber, or other similar and equally substantial mate- 
rials, and shall be securely anchored so as to stop motor 
vehicles. Curbs and bumpers shall be at least 8 inches (203 
mm) high and 8 inches (203 mm) wide. 

406.7.8.1 Openings. Openings in required perimeter 
curbs and bumpers shall be permitted only for drainage, 
for motor vehicle entrances and exits, and for pedestrian 
entrances and exits. The width of an opening for motor 
vehicle access shall not exceed the length of the curb cut, 
not including the lengths of the splays. When an opening 
for pedestrian access is adjacent to a motor vehicle 
access opening, the two openings shall be separated by a 



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permanent and substantial post. In no case shall any 
pedestrian entrance or exit exceed 5 feet (1524 mm) in 
width. 

406.7.9 Accessory uses and occupancies. Parking lot 

offices, attendant shelters, storage facilities, and similar 
structures used in conjunction with open parking lots may 
be provided as an accessory use and shall comply with the 
applicable code provisions. Such accessory structures may 
be constructed of combustible materials subject to the limi- 
tations of Section D 105.1 of Appendix D. 

406.7.9.1 Motor fuel-dispensing facilities. Motor 

fuel-dispensing facilities, accessory to open parking lots, 
shall comply with the requirements of Section 406.5 of 
this code and the New York City Fire Code. Motor fuel 
pumps shall be located at least 30 feet (9144 mm) from 
any parking space or interior lot line. 

406.7.10 Special provisions applicable to large open 
parking lots. Open parking lots storing 10 or more motor 
vehicles shall also be subject to the special provisions of this 
section. 

406.7.10.1 Curbs and bumpers. Bumpers shall be situ- 
ated not less than 1 foot (305 mm) from the perimeter 
edge of the open parking lot where vehicles are parked 
parallel to such perimeter edge, and not less than 4 feet 
(1219 mm) from the perimeter edge where vehicles are 
parked perpendicular to such perimeter edge. Openings 
shall be limited as provided for in Section 406.7.8.1. 

Exception: A steel guardrail or other substantial bar- 
rier designed in accordance with the provisions of 
Section 1607.7.3, that will prevent any part of a vehi- 
cle from extending across a property line, may be 
accepted in lieu of bumpers. 

406.7.10.2 Screen enclosures. Open parking lots shall 
provide a perimeter screen enclosure as per this section 
unless otherwise required by the New York City Zoning 
Resolution. Such screen enclosure may be constructed as 
a masonry wall, woven wire fence, iron picket fence, or 
uniformly painted fence of fire-resistant material at least 
4 feet (1219 mm) high, but not more than 8 feet (2438 
mm) above finished grade, subject to the limitations of 
Section 3111. Such enclosures shall completely separate 
the lot from adjoining premises and public sidewalks. 
Openings shall be limited as provided for in Section 
406.7.8.1. 

Exception: Screening shall not be required for any 
portion of the lot adjacent to an existing wall located 
at the lot line. 

406.7.10.3 Illumination. Open parking lots operating 
between 6 p.m. and 6 a.m. shall be adequately illumi- 
nated to a minimum of 1 foot-candle (10.8 lux) measured 
at grade level, distributed over the entire area. Illumina- 
tion provided with reflectors or floodlights shall be 
arranged such that the illumination is directed downward 
and away from adjacent premises. 

406.7.10.4 Fire-fighter aisles. In any open parking lot, 
one or more aisles, at least 24 inches (610 mm) in width, 



shall be provided to permit access by fire fighting per- 
sonnel to all parts of the garage or lot. There shall not be 
more than three rows of parked motor vehicles between 
aisles. 



SECTION BC 407 1 

GROUP 1-2 

407.1 General. Occupancies in Group 1-2 shall comply with 
the provisions of this section and other applicable provisions of 
this code. 

407.2 Corridors. Corridors in occupancies in Group 1-2 shall 
be continuous to the exits and separated from other areas in 
accordance with Section 407.3 except spaces conforming to 
Sections 407.2.1 through 407.2.4. 

407.2.1 Spaces of unlimited area. Waiting areas and simi- 
lar spaces constructed as required for corridors shall be per- 
mitted to be open to a corridor, only where all of the 
following criteria are met: 

1 . The spaces are not occupied for patient sleeping units, 
treatment rooms, hazardous or incidental use areas as 
defined in Section 508.2. § 

2. The open space is protected by an automatic fire 
detection system installed in accordance with Section 
907. 

3. The corridors onto which the spaces open, in the same 
smoke compartment, are protected by an automatic 
fire detection system installed in accordance with 
Section 907, or the smoke compartment in which the 
spaces are located is equipped throughout with 
quick-response sprinklers in accordance with Section 
903.3.2. 

4. The space is arranged so as not to obstruct access to 
the required exits. 

407.2.2 Nurses 9 stations. Spaces for doctors' and nurses' 
charting, communications and related clerical areas shall be 
permitted to be open to the corridor, when such spaces are 
constructed as required for corridors. 

407.2.3 Mental health treatment areas. Areas wherein 
mental health patients who are not capable of self-preserva- 
tion are housed, or group meeting or multipurpose therapeu- 
tic spaces other than incidental use areas as defined in 
Section 508.2, under continuous supervision by facility | 
staff, shall be permitted to be open to the corridor, where the 
following criteria are met: 

1 . Each area does not exceed 1 ,500 square feet (140 m 2 ). 

2. The area is located to permit supervision by the facil- 
ity staff. 

3 . The area is arranged so as not to obstruct any access to 
the required exits. 

4. The area is equipped with an automatic fire detection 
system installed in accordance with Section 907,2. 

5. Not more than one such space is permitted in any one 
smoke compartment. 



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6. The walls and ceilings of the space are constructed as 
required for corridors. 

407.2.4 Gift shops. Gift shops less than 500 square feet (46 
m 2 ) in area shall be permitted to be open to the corridor pro- 
vided the gift shop and storage areas are fully sprinklered 
and storage areas are protected in accordance with Section 
508.2. 

407.3 Corridor walls. Corridor walls shall be constructed as 
smoke partitions. 

407.3.1 Corridor doors. Corridor doors, other than those in 
a wall required to be rated by Section 508.2 or for the enclo- 
sure of a vertical opening or an exit, shall not have a required 
fire protection rating and shall not be required to be 
equipped with self-closing or automatic-closing devices, 
but shall provide an effective barrier to limit the transfer of 
smoke and shall be equipped with positive latching. Roller 
latches are not permitted. Other doors shall conform to Sec- 
tion 715.3. 

407.3.2 Locking devices. Locking devices that restrict 
access to the patient room from the corridor, and that are 
operable only by staff from the corridor side, shall not 
restrict the means of egress from the patient room except for 
patient rooms in mental health facilities. 

407.4 Smoke barriers. Smoke barriers shall be provided to 
subdivide every story used by patients for sleeping or treatment 
and to divide other stories with an occupant load of 50 or more 
persons, into at least two smoke compartments. Such stories 
shall be divided into smoke compartments with an area of not 
more than 22,500 square feet (2090 m 2 ) and the travel distance 
from any point in a smoke compartment to a smoke barrier door 
shall not exceed 200 feet (60 960 mm). The smoke barrier shall 
be in accordance with Section 709. 

407.4.1 Refuge area. At least 30 net square feet (2.8 m 2 ) per 
patient shall be provided within the aggregate area of corri- 
dors, patient rooms, treatment rooms, lounge or dining areas 
and other low-hazard areas on each side of each smoke bar- 
rier. On floors not housing patients confined to a bed or lit- 
ter, at least 6 net square feet (0.56 m 2 ) per occupant shall be 
provided on each side of each smoke barrier for the total 
number of occupants in adjoining smoke compartments. 

407.4.2 Independent egress. A means of egress shall be 
provided from each smoke compartment created by smoke 
barriers without having to return through the smoke com- 
partment from which means of egress originated. 

407.5 Automatic sprinkler system. Smoke compartments 
containing patient sleeping units shall be equipped throughout 
with an automatic fire sprinkler system in accordance with Sec- 
tion 903.3.1.1. The smoke compartments shall be equipped 
with approved quick-response or residential sprinklers in 
accordance with Section 903.3.2. 

407.6 Automatic fire detection. Corridors in nursing homes 
(both intermediate-care and skilled nursing facilities), detoxifi- 
cation facilities and spaces permitted to be open to corridors by 



Section 407.2 shall be protected by an automatic fire detection 
system installed in accordance with Section 907. 

Exceptions: 

1. Corridor smoke detection is not required where 
patient sleeping units are provided with smoke detec- 
tors that comply with UL 268. Such detectors shall 
provide a visual display on the corridor side of each 
patient sleeping unit and an audible and visual alarm 
at the nursing station attending each unit. 

2. Corridor smoke detection is not required where 
patient sleeping unit doors are equipped with auto- 
matic door-closing devices with integral smoke 
detectors on the unit sides installed in accordance 
with their listing, provided that the integral detectors 
perform the required alerting function. 

407.7 Secured yards. Grounds are permitted to be fenced and 
gates therein are permitted to be equipped with locks, provided 
that safe dispersal areas having 30 net square feet (2.8 m 2 ) for 
bed and litter patients and 6 net square feet (0.56 m 2 ) for ambu- 
latory patients and other occupants are located between the 
building and the fence. Such provided safe dispersal areas shall 
not be located less than 50 feet (15 240 mm) from the building 
they serve. 



SECTION BC 408 I 

GROUP 1-3 

408.1 General. Occupancies in Group 1-3 shall comply with 
the provisions of this section and other applicable provisions of 
this code (see Section 308.4). 

408.1.1 Occupancy conditions. Buildings of Group 1-3 
shall be classified as one of the occupancy conditions indi- 
cated in Sections 408.1.1.1 through 408.1.1.5. 

408.1.1.1 Condition 1. This occupancy condition shall 
include buildings in which free movement is allowed 
from sleeping areas, and other spaces where access or 
occupancy is permitted, to the exterior via means of 
egress without restraint. A Condition 1 facility is permit- 
ted to be constructed as Group R. 

408.1.1.2 Condition 2. This occupancy condition shall 
include buildings in which free movement is allowed 
from sleeping areas and any other occupied smoke com- 
partment to one or more other smoke compartments. 
Egress to the exterior is impeded by locked exits and exit 
is not under an occupant's control. 

408.1.1.3 Condition 3. This occupancy condition shall 
include buildings in which free movement is allowed 
within individual smoke compartments, such as within a 
residential unit comprised of individual sleeping unit(s) 
and/or group activity spaces, where egress is impeded by 
remote-controlled door release, leading by means of 
egress from such a smoke compartment to another 
smoke compartment. 



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408.1.1.4 Condition 4. This occupancy condition shall 
include buildings in which free movement is restricted 
from an occupied space. Remote-controlled release is 
provided to permit movement from sleeping units, activ- 
ity spaces and other occupied areas within the smoke 
compartment to other smoke compartments and egress to 
the outside is impeded by locked exit and remote door 
release. 

408.1.1.5 Condition 5. This occupancy condition shall 
include buildings in which free movement is restricted 
from an occupied space. Staff -controlled manual release 
is provided to permit movement from sleeping units, 
activity spaces and other occupied areas within the 
smoke compartment to other smoke compartments. 

408.2 Mixed occupancies. Portions of buildings with an occu- 
pancy in Group 1-3 that are classified as a different occupancy 
shall meet the applicable requirements of this code for such 
occupancies. Where security operations necessitate the lock- 
ing of required means of egress, provisions shall be made for 
the release of occupants at all times. Means of egress from 
detention and correctional occupancies that traverse other use 
areas shall, as a minimum, conform to requirements for deten- 
tion and correctional occupancies. 

Exception: It is permissible to exit through a horizontal exit 
into other contiguous occupancies that do not conform to 
detention and correctional occupancy egress provisions but 
that do comply with requirements set forth in the appropri- 
ate occupancy, as long as the occupancy is not a high-hazard 
use. 

408.3 Means of egress. Except as modified or as provided for 
in this section, the provisions of Chapter 10 shall apply. 

408.3.1 Door width. Doors to resident sleeping units shall 
have a clear width of not less than 28 inches (711 mm). 

408.3.2 Sliding doors. Where doors in a means of egress 
are of the horizontal-sliding type, the force to slide the door 
to its fully open position shall not exceed 50 pounds (220 N) 
with a perpendicular force against the door of 50 pounds 
(220 N). 

408.3.3 Spiral stairs. Spiral stairs that conform to the 
1 requirements of Section 1009.9 are permitted for access to 

and between staff locations. 

408.3.4 Exit discharge. Exits are permitted to discharge 
into a fenced or walled courtyard. Enclosed yards or courts 
shall be of a size to accommodate all occupants, a minimum 
of 50 feet (15 240 mm) from the building with a net area of 
15 square feet (1.4 m 2 ) per person. 

408.3.5 Sallyports. A sallyport shall be permitted in a 
means of egress where there are provisions for continuous 
and unobstructed passage through the sallyport during an 
emergency egress condition. 

408.3.6 Vertical exit enclosures. One of the required verti- 
cal exit enclosures in each building shall be permitted to 
have glazing installed in doors and interior walls at each 



landing level providing access to the enclosure, provided 
that the following conditions are met: 

1. The vertical exit enclosure shall not serve more than 
four floor levels. 

2. Vertical exit enclosure doors shall not be less than 
3 / 4 -hour fire doors complying with Section 715.3. | 

3. The total area of glazing at each floor level shall not 
exceed 5,000 square inches (3.23 m 2 ) and individual 
panels of glazing shall not exceed 1 ,296 square inches 
(0.84 m 2 ). 

4. The glazing shall be protected on both sides by an 
automatic fire sprinkler system. The sprinkler system 
shall be designed to wet completely the entire surface 
of any glazing affected by fire when actuated. 

5. The glazing shall be in a gasketed frame and installed 
in such a manner that the framing system will deflect 
without breaking (loading) the glass before the sprin- 
kler system operates. 

6. Obstructions, such as curtain rods, drapery traverse 
rods, curtains, drapes or similar materials shall not be 
installed between the automatic sprinklers and the 
glazing. 

408.4 Locks. Egress doors are permitted to be locked in accor- 
dance with the applicable use condition. Doors from an area of 
refuge to the exterior are permitted to be locked with a key in 
lieu of locking methods described in Section 408.4. 1 . The keys 
to unlock the exterior doors shall be available at all times and 
the locks shall be operable from both sides of the door. 

408.4.1 Remote release. Remote release of locks on doors 
in a means of egress shall be provided with reliable means of 
operation, remote from the resident living areas, to release 
locks on all required doors. In Occupancy Conditions 3 or 4, 
the arrangement, accessibility and security of the release 
mechanism(s) required for egress shall be such that with the 
minimum available staff at any time, the lock mechanisms 
are capable of being released within 2 minutes. 

Exception: Provisions for remote locking and unlocking 
of occupied rooms in Occupancy Condition 4 are not 
required provided that not more than 10 locks are neces- 
sary to be unlocked in order to move occupants from one 
smoke compartment to a refuge area within 3 minutes. 
The opening of necessary locks shall be accomplished 
with not more than two separate keys. 

408.4.2 Power-operated doors and locks. Power-operated 
sliding doors or power-operated locks for swinging doors 
shall be operable by a manual release mechanism at the 
door, and either emergency power or a remote mechanical 
operating release shall be provided. 

Exception: Emergency power is not required in facilities 
with 10 locks or less complying with the exception to 
Section 408.4.1. 

408.4.3 Redundant operation. Remote release, mechani- 
cally operated sliding doors or remote release, mechanically 
operated locks shall be provided with a mechanically oper- 



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ated release mechanism at each door, or shall be provided 
with a redundant remote release control. 

408.4.4 Relock capability. Doors remotely unlocked under 
emergency conditions shall not automatically relock when 
closed unless specific action is taken at the remote location 
to enable doors to relock. 

408.5 Vertical openings. Vertical openings shall be enclosed 
in accordance with Section 707. 

Exception: A floor opening between floor levels of residen- 
tial housing areas is permitted without enclosure protection 
between the levels, provided that both of the following con- 
ditions are met: 

1 . The entire normally occupied areas so interconnected 
are open and unobstructed so as to enable observation 
of the areas by supervisory personnel. 

2. Means of egress capacity is sufficient to provide 
simultaneous egress for all occupants from all inter- 
connected levels and areas. 

The height difference between the highest and lowest fin- 
ished floor levels shall not exceed 23 feet (7010 mm). Each 
story, considered separately, has at least one-half of its individ- 
ual required means of egress capacity provided by exits leading 
I directly out of that story without traversing to another story 
within the interconnected area. 

408.6 Smoke barrier. Occupancies in Group 1-3 shall have 
smoke barriers complying with Section 709 to divide every 
story occupied by residents for sleeping, or any other story hav- 
ing an occupant load of 50 or more persons, into at least two 
smoke compartments. 

Exception: Spaces having direct exit to one of the follow- 
ing, provided that the locking arrangement of the doors 
involved complies with the requirements for doors at the 
compartment barrier for the use condition involved: 

1. A public way. 

2. A building separated from the resident housing area 
by a 2-hour fire-resistance-rated assembly or 50 feet 
(15 240 mm) of open space. 

3 . A secured yard or court having a holding space 50 feet 
(15 240 mm) from the housing area that provides 6 
square feet (0.56 m 2 ) or more of refuge area per occu- 
pant, including residents, staff and visitors. 

408.6.1 Smoke compartments. The maximum number of 
residents in any smoke compartment shall be 200. The 
travel distance to a door in a smoke barrier from any room 
door required as exit access shall not exceed 150 feet (45 
720 mm). The travel distance to a door in a smoke barrier 
from any point in a room shall not exceed 200 feet (60 960 
mm). 

408.6.2 Refuge area. At least 6 net square feet (0.56 m 2 ) per 
occupant shall be provided on each side of each smoke bar- 
rier for the total number of occupants in adjoining smoke 
compartments. This space shall be readily available wher- 
ever the occupants are moved across the smoke barrier in a 
fire emergency. 



408.6.3 Independent egress. A means of egress shall be 
provided from each smoke compartment created by smoke 
barriers without having to return through the smoke com- 
partment from which means of egress originates. 

408.7 Subdivision of resident housing areas. Sleeping areas 
and any contiguous day room, group activity space or other 
common spaces where residents are housed shall be separated 
from other spaces in accordance with Sections 408.7. 1 through 
408.7.4. 

408.7.1 Occupancy Conditions 3 and 4. Each sleeping 
area in Occupancy Conditions 3 and 4 shall be separated 
from the adjacent common spaces by a smoke- tight parti- 
tion where the travel distance from the sleeping area 
through the common space to the exit access corridor 
exceeds 50 feet (15 240 mm). 

408.7.2 Occupancy Condition 5. Each sleeping area in 
Occupancy Condition 5 shall be separated from adjacent 
sleeping areas, corridors and common spaces by a 
smoke-tight partition. Additionally, common spaces shall 
be separated from the exit access corridor by a smoke-tight 
partition. 

408.7.3 Openings in room face. The aggregate area of 
openings in a solid sleeping room face in Occupancy Condi- 
tions 2, 3, 4 and 5 shall not exceed 120 square inches (77 419 
mm 2 ). The aggregate area shall include all openings includ- 
ing door undercuts, food passes and grilles. Openings shall 
be not more than 36 inches (914 mm) above the floor. In 
Occupancy Condition 5, the openings shall be closeable 
from the room side. 

408.7.4 Smoke-tight doors. Doors in openings in partitions 
required to be smoke tight by Section 408.7 shall be sub- 
stantial doors, of construction that will resist the passage of 
smoke. Latches and door closures are not required on cell 
doors. 

408.8 Windowless buildings. For the purposes of this section, 
a windowless building or portion of a building is one with 
nonopenable windows, windows not readily breakable or with- 
out windows. Windowless buildings shall be provided with an 
engineered smoke control system to provide ventilation 
(mechanical or natural) in accordance with Section 909 for 
each windowless smoke compartment. 



SECTION BC 409 
MOTION PICTURE PROJECTION ROOMS 

409.1 General. The provisions of this section shall apply to 
rooms in which ribbon -type cellulose acetate or other safety 
film is utilized in conjunction with electric arc, xenon or other 
light- source projection equipment that develops hazardous 
gases, dust or radiation. The projection, use or storage of film 
having a nitrocellulose base (commonly known as nitrate film) 
shall not be permitted except under conditions specified in spe- 
cial permits when issued by the Fire Department. Safety film 
meeting the specification and test standards of NFPA 40 may 
be projected, used or stored. 

409.1.1 Projection room required. Every motion picture 
machine projecting film as mentioned within the scope of 



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this section shall be enclosed in a projection room. Appurte- 
nant electrical equipment, such as rheostats, transformers 
and generators, shall be within the projection room or in an 
adjacent room of equivalent construction. 

409.2 Construction of projection rooms. Every projection 
room shall be of permanent construction consistent with the 
construction requirements for the type of building in which the 
projection room is located. Openings are not required to be pro- 
tected. The room shall have a floor area of not less than 80 
square feet (7.44 m 2 ) for a single machine and at least 40 square 
feet (3.7 m 2 ) for each additional machine. Each motion picture 
projector, floodlight, spotlight or similar piece of equipment 
shall have a clear working space of not less than 30 inches by 30 
inches (762 mm by 762 mm) on each side and at the rear 
thereof, but only one such space shall be required between two 
adjacent projectors. The projection room and the rooms appur- 
tenant thereto shall have a ceiling height of not less than 7 feet 6 
inches (2286 mm). The aggregate of openings for projection 
equipment shall not exceed 25 percent of the area of the wall 
between the projection room and the auditorium. Openings 
shall be provided with glass or other approved material, so as to 
close completely the opening. 

409.3 Projection room and equipment ventilation. Ventila- 
1 tion shall be provided in accordance with the New York City 

Mechanical Code. 

409.3.1 Projection room. 

409.3.1.1 Supply air. Each projection room shall be pro- 
vided with adequate air supply inlets so arranged as to 
provide well-distributed air throughout the room. Air 
inlet ducts shall provide an amount of air equivalent to 
the amount of air being exhausted by projection equip- 
ment. Air is permitted to be taken from the outside; from 
adjacent spaces within the building, provided the volume 
and infiltration rate is sufficient; or from the building 
air-conditioning system, provided it is so arranged as to 
provide sufficient air when other systems are not in oper- 
ation. 

409.3.1.2 Exhaust air. Projection rooms are permitted to 
be exhausted through the lamp exhaust system. The lamp 
exhaust system shall be positively interconnected with 
the lamp so that the lamp will not operate unless there is 
the required airflow. Exhaust air ducts shall terminate at 
the exterior of the building in such a location that the 
exhaust air cannot be readily recirculated into any air 
supply system. The projection room ventilation system 
is permitted to also serve appurtenant rooms, such as the 
generator and rewind rooms. 

Each projection machine shall be provided with an 
exhaust duct that will draw air from each lamp and 
exhaust it directly to the outside of the building. The 
lamp exhaust is permitted to serve to exhaust air from the 
projection room to provide room air circulation. Such 
ducts shall be of rigid materials, except for a flexible con- 
nector approved for the purpose. The projection lamp or 
projection room exhaust system, or both, is permitted to 
be combined but shall not be interconnected with any 
other exhaust or return system, or both, within the build- 
ing. 



409.4 Lighting control. Provisions shall be made for control 
of the auditorium lighting and the means of egress lighting sys- 
tems of theaters from inside the projection room and from at 
least one other convenient point in the building. 

409.5 Miscellaneous equipment. Each projection room shall 
be provided with rewind and film storage facilities. 



SECTION BC 410 
STAGES AND PLATFORMS 

410.1 Applicability. The provisions of this section shall apply 
to all parts of buildings and structures that contain stages or 
platforms and similar appurtenances as herein defined. 

410.2 Definitions. The following words and terms shall, for the 
purposes of this section and as used elsewhere in this code, 
have the meanings shown herein. 

FLY GALLERY. A raised floor area above a stage from which 
the movement of scenery and operation of other stage effects 
are controlled. 

GRIDIRON. The structural framing over a stage supporting 
equipment for hanging or flying scenery and other stage 
effects. 

PINRAIL. A rail on or above a stage through which belaying 
pins are inserted and to which lines are fastened. 

PLATFORM. A raised area within a building used for wor- 
ship, the presentation of music, plays or other entertainment; 
the head table for special guests; the raised area for lecturers 
and speakers; boxing and wrestling rings; theater- in-the-round 
stages; and similar purposes wherein there are no overhead 
hanging curtains, drops, scenery or stage effects other than 
lighting and sound. A temporary platform is one installed for 
not more than 30 days. 

PROSCENIUM WALL. The wall that separates the stage 
from the auditorium or assembly seating area. 

STAGE. A space within a building utilized for entertainment 
or presentations, which includes overhead hanging curtains, 
drops, scenery or stage effects other than lighting and sound. 
Stage area shall be measured to include the entire performance 
area and adjacent backstage and support areas not separated 
from the performance area by fire-resistance-rated construc- 
tion. Stage height shall be measured from the lowest point on 
the stage floor to the highest point of the roof or floor deck 
above the stage. 

410.3 Stages. Stage construction shall comply with Sections 
410.3.1 through 410.3.7. 

410.3.1 Stage construction. Stage floors shall be con- | 
structed of materials as required for floors for the type of 
construction of the building in which such stages are 
located. Where areas below the stage are used for other 
occupancies, such stage floor shall be constructed in accor- 
dance with the requirements for separated occupancies as 
per Chapter 5. 

Exceptions: 

1 . Stages of Type IIB or IV construction with a nomi- 
nal 2-inch (51 mm) wood deck, provided that the 



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stage is separated from other areas in accordance 
with Section 410.3.4. 

2, In all types of construction, the finished floor shall 
be constructed of wood or approved 
noncombustible materials. Openings through 
stage floors shall be equipped with tight-fitting, 
solid wood trap doors with approved safety locks. 
The room or space below the stage into which the 
traps or lifts open shall be completely enclosed by 
construction having at least the fire-resistance rat- 
ing required for the stage floor, and such room or 
space shall not be used as a workshop or storage 
area. Storage shall not be deemed to include the 
location in this area of scenery or scenic elements 
used during a performance. However, no combus- 
tible material that has a flame spread rating greater 
than 25 or that has not been rendered flameproof in 
accordance with the rules of the Fire Commis- 
sioner may be stored in this location at any time. 

410.3.1.1 Stage height and area. Stage areas shall be 
measured to include the entire performance area and 
adjacent backstage and support areas not separated from 
the performance area by fire-resistance-rated construc- 
tion. Stage height shall be measured from the lowest 
point on the stage floor to the highest point of the roof or 
floor deck above the stage. 

410.3.2 Galleries, gridirons, catwalks and pinrails. 

Beams designed only for the attachment of portable or fixed 
theater equipment, gridirons, galleries and catwalks shall be 
constructed of noncombustible materials. Floors of fly gal- 
leries and catwalks shall be constructed of noncombustible 
material These areas shall not be considered to be floors, 
stories, mezzanines or levels in applying this code. 

410.3.3 Exterior stage doors. Where protection of open- 
ings is required, exterior exit doors shall be protected with 
fire doors that comply with Section 715. Exterior openings 
that are located on the stage for means of egress or loading 
and unloading purposes, and that are likely to be open dur- 
ing occupancy of the theater, shall be constructed with vesti- 
bules to prevent air drafts into the auditorium. 

410.3.4 Proscenium wall. Where the stage height is greater 
than 50 feet (15 240 mm), all portions of the stage shall be 
completely separated from the seating area by a proscenium 
wall with not less than a 2-hour fire-resistance rating 
extending continuously from the foundation to the roof. 

410.3.5 Proscenium curtain. The proscenium opening of 
every stage with a height greater than 50 feet (15 240 mm) 
shall be provided with a curtain of approved material or an 
approved water curtain complying with Section 903.3.1.1. 
The curtain shall be designed and installed to intercept hot 
gases, flames and smoke, and to prevent a glow from a 
severe fire on the stage from showing on the auditorium side 
for a period of 20 minutes. The closing of the curtain from 
the full open position shall be affected in less than 30 sec- 
onds, but the last 8 feet (2438 mm) of travel shall require not 
less than 5 seconds. 



410.3.5.1 Activation. The curtain shall be activated by 
rate-of-rise heat detection installed in accordance with 
Section 907.10 operating at a rate of temperature rise of 
15 to 20°F per minute (8 to 1 1°C per minute), and by an 
auxiliary manual control. 

410.3.5.2 Fire test. A sample curtain with a minimum of 
two vertical seams shall be subjected to the standard fire 
test specified in ASTM E 1 19 for a period of 30 minutes. 
The curtain shall overlap the furnace edges by an amount 
that is appropriate to seal the top and sides. The curtain 
shall have a bottom pocket containing a minimum of 4 
pounds per linear foot (58 N/m) of batten. The exposed 
surface of the curtain shall not glow, and flame or smoke 
shall not penetrate the curtain during the test period. 
Unexposed surface temperature and hose stream test 
requirements are not applicable to the proscenium fire 
safety curtain test. 

410.3.5.3 Smoke test. Curtain fabrics shall have a 
smoke-developed rating of 25 or less when tested in 
accordance with ASTM E 84. 

410.3.5.4 Tests. The completed proscenium curtain shall 
be subjected to operating tests prior to the issuance of a 
certificate of occupancy. 

410.3.6 Scenery. All scenery or scenic elements shall be of 
noncombustible materials, or of materials having a 
flame- spread rating not exceeding 25, or of materials that 
have been rendered flameproof in compliance with the rules 
of the Fire Commissioner. Scenery and scenic elements not 
complying with the above requirements may be used only 
when expressly permitted by the Fire Department. 

410.3.7 Stage ventilation. Emergency ventilation shall be 
provided for stages larger than 1,000 square feet (93 m 2 ) in 
floor area, or with a stage height greater than 50 feet ( 1 5 240 
mm). Such ventilation shall comply with Section 410.3.7.1 
or 410.3.7.2. 

410.3.7.1 Roof vents. Two or more vents constructed to 
open automatically by approved heat-activated devices 
and with an aggregate clear opening area of not less than 
5 percent of the area of the stage shall be located near the 
center and above the highest part of the stage area. Sup- 
plemental means shall be provided for manual operation 
of the ventilator. Curbs shall be provided as required for 
skylights in Section 2610.2. Vents shall be labeled. 

410.3.7.2 Smoke control. Smoke control in accordance 
with Section 909 shall be provided to maintain the smoke 
layer interface not less than 6 feet (1829 mm) above the 
highest level of the assembly seating or above the top of 
the proscenium opening where a proscenium wall is pro- 
vided in compliance with Section 410.3.4. 

410.4 Platform construction. Permanent platforms shall be 
constructed of materials as required for the type of construction 
of the building in which the permanent platform is located. Per- 
manent platforms are permitted to be constructed in accor- 
dance with the following: 

1 . The area below the platform shall be enclosed on all sides 
with solid construction. 



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2. Platforms constructed of untreated wood shall not 
exceed an area of 400 square feet (37 m 2 ). Platforms con- 
structed of fire-retardant-treated wood shall not exceed 
an area of 1,200 square feet (111 m 2 ). Platforms con- 
structed of noncombustible materials shall not be limited 
in area. 

3. Where wood is used, the floor of the platform shall be at 
least 1-inch (25 mm) nominal thickness. Such floor shall 
be laid on a solid, noncombustible backing, or shall have 
all spaces between supporting members fireblocked with 
noncombustible material. 

Where the space beneath the permanent platform is used for 
storage or any other purpose other than equipment, wiring or 
plumbing, the floor construction shall not be less than 1-hour 
fire-resistant construction. Where the space beneath the perma- 
nent platform is used only for equipment, wiring or plumbing, 
the underside of the permanent platform need not be protected. 

410.4.1 Temporary platforms. Platforms installed for a 
period of not more than 30 days are permitted to be con- 
structed of any materials permitted by the code. The space 
between the floor and the platform above shall only be used 
for plumbing and electrical wiring to platform equipment. 

410.5 Dressing and appurtenant rooms. Dressing and appur- 
tenant rooms shall comply with Sections 410,5.1 through 
410.5.4. 

410.5.1 Separation from stage. Where the stage height is 
greater than 50 feet (15 240 mm), the stage shall be sepa- 
rated from dressing rooms, scene docks, property rooms, 
workshops, storerooms and compartments appurtenant to 
the stage and other parts of the building by a fire barrier wall 
and horizontal assemblies, or both, with not less than a 
2-hour fire-resistance rating with approved opening 
protectives. For stage heights of 50 feet (1 5 240 mm) or less, 
the required stage separation shall be a fire barrier wall and 
horizontal assemblies, or both, with not less a 1-hour 
fire-resistance rating with approved opening protectives. 

410.5.2 Separation from each other. Dressing rooms, 
scene docks, property rooms, workshops, storerooms and 
compartments appurtenant to the stage shall be separated 
from each other by fire barrier wall and horizontal assem- 
blies, or both, with not less than a 1-hour fire-resistance rat- 
ing with approved opening protectives. 

410.5.3 Opening protectives. Openings other than to trunk 
rooms and the necessary doorways at stage level shall not 
connect such rooms with the stage, and such openings shall 
be protected with fire door assemblies that comply with 
Section 715. 

410.5.4 Stage exits. At least one approved means of egress 
shall be provided from each side of the stage; and from each 
side of the space under the stage. At least one means of 
escape shall be provided from each fly gallery and from the 
gridiron. A steel ladder, alternating tread stairway or spiral 
stairway is permitted to be provided from the gridiron to a 
scuttle in the stage roof. 

410.6 Automatic sprinkler system. Stages shall be equipped 
with an automatic fire-extinguishing system in accordance 
with Chapter 9. The system shall be installed under the roof and 



gridiron, in the tie and fly galleries and in places behind the pro- 
scenium wall of the stage and in dressing rooms, lounges, 
workshops and storerooms accessory to such stages: 

1. Automatic sprinklers shall be placed above all rigging 
lofts; and above all stage areas, other than those portions 
of stage areas specifically designated on approved plans 
as performing areas that do not have rigging lofts above 
and that are not at any time used for storage purposes. 
Sprinklers above rigging lofts shall be located so that no 
gridiron or other obstruction intervenes between the 
sprinkler heads and the scenery or scenic elements. 

2. When any part of a stage is sprinklered in accordance 
with the provisions of Item 1 of this section, or when rig- 
ging lofts are provided, such stage areas and rigging lofts 
shall be completely separated from audience areas by a 
deluge sprinkler system designed to form a vertical water 
curtain, with heads spaced to provide a water density of 
at least 3 gallons per minute per linear foot. A deluge 
valve actuated by a "rate of rise system" and "fixed tem- 
perature system" shall control the water curtain system. 
The heat actuating devices shall be located on not more 
than 10-foot (3048 mm) centers around the perimeter of 
the sprinklered area or as otherwise required for the type 
of device used to assure operation of the system. In addi- 
tion to the automatic controls, manual-operating devices 
shall be located at the voice/alarm communication sys- 
tem required by Section 410.8, and adjacent to at least 
one exit from the stage. Such exit shall be remote from 
the voice/alarm communication system. 

3. When openings are provided in the stage floor for stage 
lifts, trap doors or stairs, sprinklers spaced 5 feet (1524 
mm) on centers shall be provided around the opening at 
the ceiling below the stage, and baffles at least 12 inches 
(305 mm) in depth shall be installed around the perimeter 
of the opening. 

4. All valves controlling sprinkler supplies shall be pro- 
vided with tamper switches wired to an annunciator 
panel located at the voice/alarm communication system 
required by Section 410.8. 

5. The operation of any section of the sprinkler system and 
the deluge system shall activate the emergency ventilat- 
ing equipment required in Section 410.3.7 and shall be 
provided with central station supervision in addition to 
the required local alarm. 

6. The water flow alarm, tamper switches and deluge sys- 
tem equipment shall be provided with central station 
supervision in addition to the required local alarm. 

Exception: Sprinklers are not required under stage 
areas less than 4 feet (1219 mm) in clear height uti- 
lized exclusively for storage of tables and chairs, pro- 
vided the concealed space is separated from the 
adjacent spaces by not less than V 8 -inch (15.9 mm) 
Type X gypsum board. 

410.7 Standpipes. Standpipe systems shall be provided in 
accordance with Section 905. 



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410.8 Voice/alarm communication system. Stages shall be 
provided with a voice/alarm communication system in accor- 
dance with Section 907.2.1.1. 

410.9 Construction in seating areas. 

410.9.1 Scenery and scenic elements in seating areas. 

Scenery or scenic elements may be placed in seating sec- 
tions if such elements: 

1. Are noncombustible, or of materials that have been 
rendered flameproof in accordance with the rules of 
the fire commissioner, or have a flame spread rating 
of 25 or less. 

2. Are adequately braced or secured. 

3. Do not obstruct the required visibility of, or paths of 
travel to, exit openings. 

410.9.2 Platforms or runways in seating areas. Platforms 
or runways for performances, to accommodate the opera- 
tion of cameras, electronic equipment, or motion picture 
projection machines not using carbon-arc or other light 
source that emits a gaseous discharge may be constructed in 
seating sections, provided such platforms or runways com- 
ply with the requirements of Section 410.4, except Item 1 
and Section 410.8. 

410.10 Stage lighting. Stage lights shall be placed such that 
they will not develop temperatures on the surface of any mate- 
rial that will cause that material to ignite, or smoke, or cause its 
flameproof ing to deteriorate. 



SECTION BC 411 
SPECIAL AMUSEMENT BUILDINGS 

411.1 General. Special amusement buildings having an occu- 
pant load of 75 or more shall comply with the requirements for 
the appropriate Group A occupancy and this section. Amuse- 
ment buildings having an occupant load of less than 75 shall 
comply with the requirements for a Group B occupancy and 
this section. 

Exception: Amusement buildings or portions thereof that 
are without walls or a roof and constructed to prevent the 
accumulation of smoke. All decorative material shall be 
noncombustible or composed of flame-retardant fabric. 

411.2 Special amusement building. A special amusement 
building is any temporary or permanent building or portion 
thereof that is occupied for amusement, entertainment or edu- 
cational purposes and that contains a device or system that con- 
veys passengers or provides a walkway along, around or over a 
course in any direction so arranged that the means of egress 
path is not readily apparent due to visual or audio distractions 
or is intentionally confounded or is not readily available 
because of the nature of the attraction or mode of conveyance 
through the building or structure. 

411.3 Automatic fire detection. Special amusement buildings 
shall be equipped with an automatic fire detection system, in 
accordance with Section 907. 

411.4 Automatic sprinkler system. Special amusement build- 
ings shall be equipped throughout with an automatic sprinkler 



system in accordance with Section 903.3.1.1. Where the 
special amusement building is temporary, the sprinkler water 
supply shall be of an approved temporary means. 

Exception: Automatic fire sprinklers are not required 
where the total floor area of a temporary special amusement 
building is less than 1 ,000 square feet (93 m 2 ) and the travel 
distance from any point to an exit is less than 50 feet (15 240 
mm). 

411.5 Alarm. Actuation of a single smoke detector, the auto- 
matic sprinkler system or other automatic fire detection device 
shall immediately sound an alarm at the building at a constantly 
attended location from which emergency action can be initi- 
ated including the capability of manual initiation of require- 
ments in Section 907.2. 11.2. 

411.6 Emergency voice/alarm communications system. An 

emergency voice/alarm communications system shall be pro- 
vided in accordance with Sections 907.2.11 and 907.2.12.2, 
which is also permitted to serve as a public address system and 
shall be audible throughout the entire special amusement build- 
ing. 

411.7 Exit marking. Exit signs shall be installed at the 
required exit or exit access doorways of amusement buildings. 
Approved directional exit markings shall also be provided. 
Where mirrors, mazes or other designs are utilized that dis- 
guise the path of egress travel such that they are not apparent, 
approved low-level exit signs and directional path markings 
shall be provided and located not more than 8 inches (203 mm) 
above the walking surface and on or near the path of egress 
travel. Such markings shall become visible in an emergency. 
The directional exit marking shall be activated by the automatic 
fire detection system and the automatic sprinkler system in 
accordance with Section 907.2.11.2. 

411.8 Interior finish. The interior finish shall be Class A in 
accordance with Section 803.1. 



SECTION BC 412 1 

AIRCRAFT-RELATED OCCUPANCIES 

412.1 Reserved. 1 

412.2 Reserved. 1 

412.3 Reserved. 1 

412.4 Reserved. 1 

412.5 Heliports and helistops. 

412.5.1 General. Heliports and helistops may be erected on 
buildings or other locations where they are constructed in 
accordance with this section. 

412.5.2 Definitions. The following words and terms shall, 
for the purposes of this chapter and as used elsewhere in this 
code, have the meanings shown herein. 

HELIPORT. An area of land or water or a structural surface 

that is designed or used for the landing and taking off of heli- 1 

copters, and any appurtenant areas that are designed or used 1 

for heliport facilities and operations. | 



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HELISTOP. An area of land or water or a structural surface 
that is designed or used for the landing or takeoff of helicop- 
ters, and any appurtenant areas, but that is not designed or 
used for fueling, defueling, maintenance, repairs or storage 
of helicopters. 

412.5.3 Size. The touchdown or landing area for helicopters 
of less than 3,500 pounds (1588 kg) shall be a minimum of 
20 feet (6096 mm) in length and width. The touchdown area 
shall be surrounded on all sides by a clear area having a min- 
imum average width at roof level of 15 feet (4572 mm) but 
with no width less than 5 feet (1524 mm). 

412.5.4 Design. Helicopter landing areas and the supports 
thereof on the roof of a building shall be noncombustible 
construction. Landing areas shall be designed to confine any 
flammable liquid spillage to the landing area itself and pro- 
visions shall be made to drain such spillage away from any 
exit or stairway serving the helicopter landing area or from a 
structure housing such exit or stairway. For structural design 
requirements, see Section .1605.5. 

412.5.5 Means of egress. The means of egress from heli- 
ports and helistops shall comply with the provisions of 
Chapter 10. Landing areas located on buildings or structures 
shall have two or more means of egress. For landing plat- 
forms or roof areas less than 60 feet (1.8 288 mm) in length, 
or less than 2,000 square feet (186 m 2 ) in area, the second 
means of egress may be a fire escape or ladder leading to the 
floor below. 

412.5.6 Rooftop heliports and helistops. Rooftop heli- 
ports and helistops shall comply with NFPA 418 and the 
New York City Fire Code. 



SECTION BC 413 
COMBUSTIBLE STORAGE 

413.1 General. Storage of combustible materials in attics, 
under-floor spaces, concealed spaces, and below-grade storage 
rooms shall comply with this section. 

413.2 Attic, under-floor and concealed spaces. Attic, 
under-floor and concealed spaces used for storage of combusti- 
ble materials shall be protected on the storage side as required 
for 1-hour fire-resistant construction. Openings shall be pro- 
tected by assemblies that are self-closing and are of 
noncombustible construction or solid wood core not less than 
l 3 / 4 inch (45 mm) in thickness. 

Exceptions: 

1 . Areas protected by approved automatic sprinkler sys- 
tems. 

2. Group R-3 and U occupancies. 

3. Groups S-l and S-2 occupancies. 

413.3 High-piled stock or rack storage. High-piled stock or 
rack storage in any occupancy group shall comply with the New 
York City Fire Code. 



SECTION BC 414 1 

HAZARDOUS MATERIALS 

414.1 General. The provisions of this section shall apply to 
buildings and structures occupied for the manufacturing, pro- 
cessing, dispensing, use or storage of hazardous materials. 

414.1.1 Other provisions. Buildings and structures with an 
occupancy in Group H shall also comply with the applicable 
provisions of Section 4 1 5 and the New York City Fire Code, 1 
including, but not limited to, location, installation and 
mechanical provisions. I 

414.1.2 Materials. The safe design of hazardous material 
occupancies is material dependent, individual material 
requirements are also found in Sections 307 and 415, and in 
the New York City Mechanical Code and the New York City | 
Fire Code. 

414.1.2.1 Aerosols. Level 2 and 3 aerosol products shall 
be stored and displayed in accordance with the New York I 
City Fire Code. [ 

414.1.3 Information required. Separate floor plans shall 
be submitted for buildings and structures with an occupancy 
in Group H, identifying the locations of anticipated contents 
and processes so as to reflect the nature of each occupied 
portion of every building and structure. A report identifying 
hazardous materials including, but not limited to, materials 
representing hazards that are classified in Group H to be 
stored or used, shall be submitted and the methods of pro- 
tection from such hazards shall be indicated on the construc- 
tion documents. The opinion and report shall be prepared by 
a qualified person, firm or corporation approved by the 
commissioner and shall be provided without charge to the 1 
department. | 

414.2 Control areas. Control areas shall be those spaces 
within a building where quantities of hazardous materials not 
exceeding the maximum quantities allowed by this code are 
stored, dispensed, used or handled. 

414.2.1 Construction requirements. Control areas shall 
be separated from each other by not less than a 1-hour fire 
barrier constructed in accordance with Chapter 7. 

414.2.2 Number. The maximum number of control areas 
within a building shall be in accordance with Table 414.2.2. 

414.2.3 Separation. The required fire-resistance rating for 
fire barrier assemblies shall be in accordance with Table 
414.2.2. The floor construction of the control area, and the 
construction supporting the floor of the control area, shall 
have a minimum 2-hour fire-resistance rating and shall I 
comply with the additional requirements of the New York I 
City Fire Code. 1 

414.2.4 Hazardous material in Group M display and 
storage areas and in Group S storage areas. The aggre- 
gate quantity of nonflammable solid and nonflammable or 
noncombustible liquid hazardous materials permitted 
within a single control area of a Group M or S occupancy or 
an outdoor control area is permitted to exceed the maximum 
allowable quantities per control area specified in Tables 
307.7(1) and 307.7(2) without classifying the building or 
use as a Group H occupancy, provided that the materials are 



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displayed and stored in accordance with the New York City 
Fire Code and quantities do not exceed the maximum allow- 
able specified in Table 414.2.4. 

414.2.4.1 Below-grade storage of flammable or com- 
bustible mixtures accessory to Group M establish- 
ments. Class I liquids shall not be stored in below-grade 
locations. Storage of Class II and Class III liquids, acces- 
sory to retail stores, and partly or completely below 
grade shall be permitted, provided that such below-grade 
area is equipped throughout with an automatic sprinkler 
system in accordance with Section 903.3.1.1 and 
enclosed by fire barriers having a fire-resistance rating of 
at least 2 hours, constructed in accordance with the con- 
struction type of the building. Openings shall be pro- 
tected by self-closing assemblies having a fire-resistance 
rating of at least 1 7 2 hours. 

Exception: Class IIIB liquids may be stored in 
below-grade locations that are not provided through- 
out with an automatic sprinkler system when such liq- 
uids are stored in a room that is separated, vertically 
and horizontally, from surrounding spaces by fire bar- 
riers of not less than 2-hour fire-resistance rating and 
such room is provided with an automatic sprinkler 
system. 

414.3 Ventilation. Rooms, areas or spaces of Group H in 
which explosive, corrosive, combustible, flammable or highly 
toxic dusts, mists, fumes, vapors or gases are or may be emitted 
due to the processing, use, handling or storage of materials 
shall be mechanically ventilated as required by the New York 
City Fire Code and the New York City Mechanical Code. Ducts 
conveying explosives or flammable vapors, fumes or dusts 
shall extend directly to the exterior of the building without 
entering other spaces. Exhaust ducts shall not extend into or 
through ducts and plenums. 

Exception: Ducts conveying vapor or fumes having flam- 
mable constituents less than 25 percent of their lower flam- 



mable limit (LFL) are permitted to pass through other 
spaces. 

Emissions generated at workstations shall be confined to the 
area in which they are generated as specified in the New York I 
City Fire Code and the New York City Mechanical Code. | 

The location of supply and exhaust openings shall be in 
accordance with the New York City Mechanical Code. Exhaust 1 
air contaminated by highly toxic material shall be treated in 
accordance with the New York City Fire Code. 1 

A manual shutoff control for ventilation equipment required 
by this section shall be provided outside the room adjacent to 
the principal access door to the room. The switch shall be of the 
break-glass type and shall be labeled: VENTILATION SYS- 
TEM EMERGENCY SHUTOFF. 

414.4 Hazardous material systems. Systems involving haz- 
ardous materials shall be suitable for the intended application. 
Controls shall be designed to prevent materials from entering 
or leaving process or reaction systems at other than the 
intended time, rate or path. Automatic controls, where pro- 
vided, shall be designed to be fail safe. 

414.5 Inside storage, dispensing and use. The inside storage, 
dispensing and use of hazardous materials in excess of the 
maximum allowable quantities per control area of Tables 
307.7(1) and 307.7(2) shall be in accordance with Sections 
414.5.1 through 414.5.5 of this code and the New YorkCityFire 1 
Code. 

414.5.1 Explosion control. Explosion control shall be pro- 
vided in accordance with the New York City Fire Code as | 
required by Table 414.5.1 where quantities of hazardous 
materials specified in that table exceed the maximum allow- 
able quantities in Table 307.7(1) or where a structure, room 
or space is occupied for purposes involving explosion haz- 
ards as required by Section 415 or the New York City Fire 1 
Code. 

414.5.2 Monitor control equipment. Monitor control 
equipment shall be provided where required by the New 1 
York City Fire Code. | 



[F] TABLE 414.2.2 
DESIGN AND NUMBER OF CONTROL AREAS 







PERCENTAGE OF THE MAXIMUM ALLOWABLE 


NUMBER OF CONTROL 


FIRE-RESISTANCE RATING 


FLOOR LEVEL 


QUANTITY PER CONTROL AREA 3 


AREAS PER FLOOR b 


FOR FIRE BARRIERS IN HOURS 




Higher than 9 


5 


1 


2 




7-9 


5 


2 


2 




6 


12.5 


2 


2 


Above grade 


5 
4 


12.5 
12.5 


2 
2 


2 
2 




3 


50 


2 


1 




2 


75 


3 


1 




1 


100 


4 


1 




1 


75 


3 


1 


Below grade 


2 


50 


2 


1 




Lower than 2 


Not Allowed 


Not Allowed 


Not Allowed 



a. Percentages shall be of the maximum allowable quantity per control area shown in Tables 307.7(1) and 307.7(2), with all increases allowed in the notes to those 
tables. 

b. There shall be a maximum of two control areas per floor in Group M occupancies and in buildings or portions of buildings having Group S occupancies with stor- 
age conditions and quantities in accordance with Section 414.2.4. 

c. Fire barriers shall include walls and floors as necessary to provide separation from other portions of the building. 



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[F] TABLE 414.2.4 

MAXIMUM ALLOWABLE QUANTITY PER INDOOR AND OUTDOOR CONTROL AREA IN GROUP M AND S OCCUPANCIES 

NONFLAMMABLE SOLIDS AND NONFLAMMABLE AND NONCOMBUSTIBLE LIQUIDS "•*•' 



CONDITION 


MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA 


Material 9 


Class 


Solids 
pounds 


Liquids 
gallons 


Health-hazard materials — nonflammable and noncombustible solids and liquids 


1 . Corrosives 6 ' c 


Not Applicable 


9,750 


975 


2. Highly toxics 


Not Applicable 


20 b ' c 


2 b ' c 


3. Toxics b,c 


Not Applicable 


1,000 


100 


Physical-hazard materials — nonflammable and noncombustible solids and liquids 


1 . Oxidizers 6 ' c 


4 


Not Allowed 


Not Allowed 


3 


1,150* 


115 


2 


2,250 h 


225 


1 


18,000'' J 


1,800 J 'J 


2. Unstable (reactives) 6, c 


4 


Not Allowed 


Not Allowed 


3 


550 


55 


2 


1,150 


115 


1 


Not Limited 


Not Limited 


3. Water (reactives) 


3 b,c 


550 


55 


2 b ' c 


1,150 


115 


1 


Not Limited 


Not Limited 



For SI: 1 pound = 0.454 kg, 1 gallon = 3.785 L. 
I a. Hazard categories are as specified in the New York City Fire Code. 

b. Maximum allowable quantities shall be increased 1 00 percent in buildings that are sprinklered in accordance with Section 903.3. 1 . 1 . When Note c also applies, the 
increase for both notes shall be applied accumulatively. 
1 c. Maximum allowable quantities shall be increased 1 00 percent when stored in approved storage cabinets, in accordance with the New York City Fire Code. When 
Note b also applies, the increase for both notes shall be applied accumulatively. 

d. See Table 414.2.2 for design and number of control areas. 

e. Allowable quantities for other hazardous material categories shall be in accordance with Section 307. 

f. Maximum quantities shall be increased 100 percent in outdoor control areas. 

g. Maximum amounts are permitted to be increased to 2,250 pounds when individual packages are in the original sealed containers from the manufacturer or 
packager and do not exceed 1 pounds each. 

h. Maximum amounts are permitted to be increased to 4,500 pounds when individual packages are in the original sealed containers from the manufacturer or 

packager and do not exceed 10 pounds each, 
i. The permitted quantities shall not be limited in a building equipped throughout with an automatic sprinkler system in accordance with Section 903.3. 1. 1. 
j. Quantities are unlimited in an outdoor control area. 



414.5.3 Automatic fire detection systems. Group H occu- 
pancies shall be provided with an automatic fire detection 
system in accordance with Section 907.2. 

414.5.4 Emergency power. Where mechanical ventilation, 
treatment systems, temperature control, alarm, detection or 
other electrically operated systems are required, such sys- 
tems shall be provided with an emergency power system in 
accordance with the New York City Electrical Code. 

Exceptions: 

1. Storage areas for Class I and II oxidizers. 

2. Storage areas for Class III, IV and V organic per- 
oxides. 

3. Emergency power for mechanical ventilation, 
treatment systems and temperature control sys- 



tems shall not be required where an approved 
fail-safe engineered system is installed. 

414.5.5 Spill control, drainage and containment. Rooms, 
buildings or areas occupied for the storage of solid and liq- 
uid hazardous materials shall be provided with a means to 
control spillage and to contain or drain off spillage and fire 
protection water discharged in the storage area where 
required in the New York City Fire Code. The methods of 
spill control shall be in accordance with the New York City 
Fire Code. 

414.5.6 Storage of medical gases. When required by the 
New York City Fire Code, a one-hour room shall be provided 
for the storage of medical gases inside of buildings, with the 
protected openings and ventilation provisions as required 
by the New York City Fire Code. 



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[F] TABLE 414.5.1 
EXPLOSION CONTROL REQUIREMENTS 3 



MATERIAL 


CLASS 


EXPLOSION CONTROL METHODS 


Barricade construction 


Explosion (deflagration) 

venting 

or explosion (deflagration) 

prevention systems 5 


HAZARD CATEGORY 


Combustible dusts c 


— 


Not Required 


Required 


Cryogenic flammables 


— 


Not Required 


Required 


Explosives 


Division 1.1 
Division 1.2 
Division 1.3 
Division 1.4 
Division 1.5 
Division 1.6 


Required 
Required 
Not Required 
Not Required 
Required 
Required 


Not Required 
Not Required 
Required 
Required 
Not Required 
Not Required 


Flammable gas 


Gaseous 
Liquefied 


Not Required 
Not Required 


Required 
Required 


Flammable liquid 


IA d 
IB e 


Not Required 
Not Required 


Required 
Required 


Organic peroxides 6 


Unclassified detonable 
I 


Required 
Required 


Not Permitted 
Not Permitted 


Oxidizer liquids and solids 


4 


Required 


Not Permitted 


Pyrophoric material 6 


Detonable 


Required 


Not Permitted 


Pyrophoric gas g 


Nondetonable 


Not Required 


Required 


Unstable (reactive) 


4 

3 Detonable 

3 Nondetonable 


Required 

Required 

Not Required 


Not Permitted 

Not Permitted 

Required 


Water-reactive liquids and solids g 


3 Detonable 
3 Nondetonable 

2 Detonable 
2 s Nondetonable 


Required 
Not Required 

Required 
Not Required 


Not Permitted 
Required 

Not Permitted 
Required 


SPECIAL USES 


Grain processing 


— 


Not Required 


Required 


Where explosion hazards exist f 


Detonation 
Deflagration 


Required 
Not Required 


Not Permitted 
Required 



a. See Section 414.1.3. 

b. See the New York City Fire Code. § 

c. As generated during manufacturing or processing. See definition of "Combustible dust" in Chapter 3. 

d. Storage or use. 

e. In open use or dispensing. 

f. Rooms containing dispensing and use of hazardous materials when an explosive environment can occur because of the characteristics or nature of the hazardous 
materials or as a result of the dispensing or use process. 

g. Considered as explosives for the purposes of storage. | 



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414.6 Outdoor storage, dispensing and use. The outdoor 
storage, dispensing and use of hazardous materials shall be in 

I accordance with the New York City Fire Code. 

414.6.1 Weather protection. Where weather protection is 
provided for sheltering outdoor hazardous material storage 
or use areas, such storage or use shall be considered outdoor 
storage or use, provided that all of the following conditions 
are met: 

1 . Structure supports and walls shall not obstruct more 
than one side nor more than 25 percent of the perime- 
ter of the storage or use area. 

2. The distance from the structure and the structure sup- 
ports to buildings, lot lines, public ways or means of 
egress to a public way shall not be less than the dis- 
tance required for an outside hazardous material stor- 
age or use area without weather protection. 

3. The overhead structure shall be of approved 
noncombustible construction with a maximum area 
of 1,500 square feet (140 m 2 ). 

Exception: The increases permitted by Section 
506 apply. 

414.7 Emergency alarms. Emergency alarms for the detection 
and notification of an emergency condition in Group H occu- 
pancies shall be provided as set forth herein. 

414.7.1 Storage. An approved manual emergency alarm 
system shall be provided in buildings, rooms or areas used 
for storage of hazardous materials. Emergency alarm-initi- 
ating devices shall be installed outside of each interior exit 
or exit access door of storage buildings, rooms or areas. 
Activation of an emergency alarm-initiating device shall 
sound a local alarm to alert occupants of an emergency situ- 
ation involving hazardous materials. 

414.7.2 Dispensing, use and handling. Where hazardous 
materials having a hazard ranking of 3 or 4 in accordance 
with NFPA 704 are transported through corridors or exit 
enclosures, there shall be an emergency telephone system, a 
local manual alarm station or an approved alarm-initiating 
device at not more than 150-foot (45 720 mm) intervals and 
at each exit and exit access doorway throughout the trans- 
port route. The signal shall be relayed to an approved central 

I station, or remote supervising station service or constantly 
attended on-site location and shall also initiate a local audi- 
ble alarm. 

414.7.3 Supervision. Emergency alarm systems shall be 
supervised by an approved central, proprietary or remote 
station service or shall initiate an audible and visual signal at 
a constantly attended on-site location. 



SECTION BC 415 
GROUPS H-1, H-2 5 H-3, H-4 AND H-5 

415.1 Scope. The provisions of this section shall apply to the 
storage and use of hazardous materials in excess of the maxi- 
mum allowable quantities per control area listed in Section 
307.9. Buildings and structures with an occupancy in Group H 
shall also comply with the applicable provisions of Section 414 



and the New York City Fire Code, including, but not limited to, 
location and installation provisions. 

415.2 Definitions. The following words and terms shall, for the 
purposes of this chapter and as used elsewhere in the code, have 
the meanings shown herein. 

CONTINUOUS GAS-DETECTION SYSTEM. A gas 
detection system where the analytical instrument is maintained 
in continuous operation and sampling is performed without 
interruption. Analysis is allowed to be performed on a cyclical 
basis at intervals not to exceed 30 minutes. 

EMERGENCY CONTROL STATION. An approved loca- 
tion on the premises of a semiconductor fabrication facility 
staffed by trained personnel that monitor the operation of 
equipment and systems including alert and alarm signals. 

EXHAUSTED ENCLOSURE. A device, typically consisting 
of a hood equipped with a fan, that serves to capture and 
exhaust fumes, mist, vapors and gases generated at a worksta- 
tion or other local environment. An exhausted enclosure does 
not include a room provided with general ventilation. 

FABRICATION AREA. An area within a semiconductor fab- 
rication facility in which processes using hazardous production 
materials are conducted. | 

FLAMMABLE VAPORS OR FUMES. The concentration 
of flammable constituents in air that exceed 25 percent of their 1 
lower flammable limit (LFL). 

GAS CABINET. A fully enclosed, noncombustible enclosure 
used to provide an isolated environment for compressed gas 
containers in storage or use, including any doors and access 1 
ports for exchanging containers and accessing pressure-regu- § 
lating controls. 

GAS ROOM. A separately ventilated, fully enclosed room in 
which only compressed gases and associated equipment and 
supplies are stored or used. 

HAZARDOUS PRODUCTION MATERIAL (HPM). A 
solid, liquid or gas associated with semiconductor manufactur- 
ing that has a degree-of-hazard rating in health, flammability or 
reactivity of Class 3 or 4 as ranked by NFPA 704 and that is | 
used directly in research, laboratory or production processes 
that have as their end product materials that are not hazardous. 

HPM FLAMMABLE LIQUID. An HPM liquid that is 
defined as either a Class I flammable liquid or a Class II or 
Class IIIA combustible liquid. 

HPM ROOM. A room used in conjunction with or serving a 
Group H-5 occupancy, where HPM is stored or used and that is 1 
classified as a Group H-2, H-3 or H-4 occupancy. 

IMMEDIATELY DANGEROUS TO LIFE AND HEALTH 
(IDLH). The concentration of air-borne contaminants that I 
poses a threat of death, immediate or delayed permanent 
adverse health effects, or effects that could prevent escape from 
such an environment as established by the National Institute of 1 
Occupational Safety and Health (NIOSH) based on both toxic- 
ity and flammability. It generally is expressed in parts per mil- 
lion by volume (ppm v/v) or milligrams per cubic meter 
(mg/m 3 ). If adequate data do not exist for precise establishment 
of IDLH concentrations, an independent certified industrial 



64 



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hygienist, industrial toxicologist, appropriate regulatory 
I agency or other source approved by the Fire Commissioner 
shall make such determination. 

LIQUID. A material that has a melting point that is equal to or 
less than 68 °F (20°C) and a boiling point that is greater than 
68°F (20°C) at 14.7 pounds per square inch absolute (psia) 
(101 kPa). When not otherwise identified, the term "liquid" 
includes both flammable and combustible liquids. 

LIQUID STORAGE ROOM. A room classified as a Group 
H-3 occupancy used for the storage of flammable or combusti- 
ble liquids in an unopened condition. 

LIQUID USE, DISPENSING AND MIXING ROOMS. 
Rooms in which Class I, II and IIIA flammable or combustible 
liquids are used, dispensed or mixed in open containers. 

LOWER FLAMMABLE LIMIT (LFL). The minimum con- 
centration of vapor in air at which propagation of flame will 
occur in the presence of an ignition source. The LFL is some- 
times referred to as "LEL" or "lower explosive limit." 

NORMAL TEMPERATURE AND PRESSURE (NTP). A 
temperature of 70°F (21°C) and a pressure of 1 atmosphere 
[14.7 psia (101 kPa)]. 

SERVICE CORRIDOR. A fully enclosed passage used for 
1 transporting HPM and other purposes, but not as a required 
means of egress. 

SOLID. A material that has a melting point, decomposes or 
1 sublimates at a temperature greater than 68°F (20°C). 

^ WORKSTATION. A defined space within a fabrication area 

I in which a specific function, laboratory procedure or research 
activity relating to semiconductor manufacture is conducted. A 
workstation may include equipment using HPM, hazardous 
materials storage cabinets, flammable liquid storage cabinets 
or gas cabinets, ventilation equipment, fire protection devices, 
I detection devices, and electrical devices. 

4153 Location on property. Group H shall be located on 
property in accordance with the other provisions of this chap- 
ter. In Group H-2 or H-3, not less than 25 percent of the perime- 
ter wall of the occupancy shall be an exterior wall. 

Exceptions: 

1. Liquid use, dispensing and mixing rooms having a 
floor area of not more than 500 square feet (47 m 2 ) 
need not be located on the outer perimeter of the 

■ building where they are in accordance with the New 

York City Fire Code and NFPA 30. 

2. Liquid storage rooms having a floor area of not more 
than 1,000 square feet (93 m 2 ) need not be located on 
the outer perimeter where they are in accordance with 

I the New York City Fire Code and NFPA 30. 

3. Spray paint booths that comply with the New York 
City Fire Code need not be located on the outer perim- 
eter. 

415.3.1 Group H minimum distance to lot lines. Regard- 
less of any other provisions, buildings containing Group H 
occupancies shall be set back a minimum distance from lot 



lines as set forth in Items 1 through 4 below. Distances shall 
be measured from the walls enclosing the occupancy to lot 
lines, including those on a public way. Distances to assumed 
property lines drawn for the purposes of determination of 
exterior wall and opening protection are not to be used to 
establish the minimum distance for separation of buildings 
on sites where explosives are manufactured or used when 
separation is provided in accordance with the quantity dis- 
tance tables specified for explosive materials in the New I 
York City Fire Code. I 

1 . Group H- 1 . Not less than 75 feet (22 860 mm) and not 
less than required by the New York City Fire Code, j 

Exceptions: 

1. Fireworks manufacturing buildings sepa- 
rated in accordance with NFPA 1 124. 

2. Buildings containing the following materi- 
als when separated in accordance with Table 
415.3.1: 

2.1. Organic peroxides, unclassified 
detonable. 

2.2. Unstable reactive materials Class 4. 

2.3. Unstable reactive materials, Class 3 
detonable. 

2.4. Detonable pyrophoric materials. 

2. Group H-2. Not less than 30 feet (9144 mm) where 
the area of the occupancy exceeds 1,000 square feet 
(93 m 2 ), and it is not required to be located in a 
detached building. 

3. Groups H-2 and H-3. Not less than 50 feet (15 240 
mm) where a detached building is required (see Table 
415.3.2). 

4. Groups H-2 and H-3. Occupancies containing materi- 
als with explosive characteristics shall be separated as 
required by the New York City Fire Code. Where sep- 1 
arations are not specified, the distances required shall 
not be less than the distances required by Table 
415.3.1. 

415.3.2 Group H-l and H-2 or H-3 detached buildings. 

Where a detached building is required by Table 415.3.2, 
there are no requirements for wall and opening protection 
based on location on property. 

415.4 Special provisions for Group H-l occupancies. Group 
H-l occupancies shall be in buildings used for no other pur- 
pose, shall not exceed one story in height and be without base- 
ment, crawl spaces or other under- floor spaces. Roofs shall be 
of lightweight construction with suitable thermal insulation to 
prevent sensitive material from reaching its decomposition 
temperature. Group H-l occupancies containing materials that | 
are in themselves both physical and health hazards in quantities 
exceeding the maximum allowable quantities per control area 
in Table 307.7(2) shall comply with requirements for both 
Group H-l and H-4 occupancies. 



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TABLE 415.3.1 
MINIMUM SEPARATION DISTANCES FOR BUILDINGS CONTAINING EXPLOSIVE MATERIALS 







MINIMUM DISTANCE (feet) 


QUANTITY OF EXPLOSIVE MATERIAL 3 ' d 


Lot lines' 3 and inhabited buildinqs 


Separation of magazines 6 


Pounds over 


Pounds not over 


Barricaded 


Unbarricaded 


2 


5 


70 


140 


12 


5 


10 


90 


180 


16 


10 


20 


110 


220 


20 


20 


30 


125 


250 


22 


30 


40 


140 


280 


24 


40 


50 


150 


300 


28 


50 


75 


170 


340 


30 


75 


100 


190 


380 


32 


100 


125 


200 


400 


36 


125 


150 


215 


430 


38 


150 


200 


235 


470 


42 


200 


250 


255 


510 


46 


250 


300 


270 


540 


48 


300 


400 


295 


590 


54 


400 


500 


320 


640 


58 


500 


600 


340 


680 


62 


600 


700 


355 


710 


64 


700 


800 


375 


750 


66 


800 


900 


390 


780 


70 


900 


1,000 


400 


800 


72 



For SI: 1 pound = 0.454 kg, 1 foot = 304.8 mm. 

a. The number of pounds of explosives listed is the number of pounds of trinitrotoluene (TNT) or the equivalent pounds of other explosive. 

b. The distance listed is the distance to lot line, including lot lines at public ways. 

c. For the purpose of this table, an inhabited building is any building on the same property that is regularly occupied by people. Where two or more buildings contain- 
ing explosives or magazines are located on the same property, each building or magazine shall comply with the minimum distances specified from inhabited build- 
ings and, in addition, they shall be separated from each other by not less than the distance shown for "Separation of magazines," except that the quantity of 
explosive materials contained in detonator buildings or magazines shall govern in regard to the spacing of said detonator buildings or magazines from buildings or 
magazines containing other explosive materials. If any two or more buildings or magazines are separated from each other by less than the specified "Separation of 
Magazines" distances, then such two or more buildings or magazines, as a group, shall be considered as one building or magazine, and the total quantity of explo- 
sive materials stored in such group shall be treated as if the explosive were in a single building or magazine located on the site of any building or magazine of the 
group, and shall comply with the minimum distance specified from other magazines or inhabited buildings. 

d. Storage of explosives in a quantity exceeding 1,000 pounds in one magazine is prohibited. 

e. Magazine is a building or structure, other than an operating building, approved for storage of explosive materials. Portable or mobile magazines not exceeding 1 20 
square feet (1 1 m 2 ) in area need not comply with the requirements of this code, however, all magazines shall comply with the New York City Fire Code. 

f. This table shall not apply to the temporary storage incidental to transportation. 



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TABLE 415.3.2 
REQUIRED DETACHED STORAGE 



DETACHED STORAGE IS REQUIRED WHEN THE QUANTITY OF MATERIAL EXCEEDS THAT LISTED HEREIN 


Material 


Class 


Solids and Liquids (tons) ab 


Gases (cubic feet) ab 


Explosives 


Division 1.1 
Division 1.2 
Division 1.3 
Division 1.4 
Division 1.4 C 
Division 1.5 
Division 1 .6 


Maximum Allowable Quantity 
Maximum Allowable Quantity 
Maximum Allowable Quantity 
Maximum Allowable Quantity 

1 
Maximum Allowable Quantity 
Maximum Allowable Quantity 


Not Applicable 


Oxidizers 


Class 4 


Maximum Allowable Quantity 


Maximum Allowable Quantity 


Unstable (reactives) detonable 


Class 3 or 4 


Maximum Allowable Quantity 


Maximum Allowable Quantity 


Oxidizer, liquids and solids 


Class 3 
Class 2 


1,200 
2,000 


Not Applicable 
Not Applicable 


Organic peroxides 


Detonable 
Class I 
Class II 
Class III 


Maximum Allowable Quantity 
Maximum Allowable Quantity 

25 
50 


Not Applicable 
Not Applicable 
Not Applicable 
Not Applicable 


Unstable (reactives) nondetonable 


Class 3 
Class 2 


1 

25 


2,000 
10,000 


Water reactives 


Class 3 
Class 2 


1 

25 


Not Applicable 
Not Applicable 


Pyrphoric gases 


Not Applicable 


Not Applicable 


2,000 



For SI: 1 ton = 906 kg, 1 cubic foot = 0.02832 M 3 . 

a. For materials that are detonable, the distance to other buildings or lot lines shall be as specified in Table 4 1 5.3. 1 based on trinitrotoluene (TNT) equivalence of the 
material. For materials classified as explosives, see the New York City Fire Code. Unclassified detonable organic peroxides, detonable pyrophoric materials, deton- 
able unstable (reactive) materials and detonable water-reactive materials shall be considered as explosives for the purposes of storage. 

b. "Maximum Allowable Quantity" means the maximum allowable quantity per control area set forth in Table 307.7(1). 

c. Limited to Division 1 .4 materials and articles, including articles packaged for shipment, that are not regulated as an explosive under Bureau of Alcohol, Tobacco 
and Firearms (BATF) regulations or unpackaged articles used in process operations that do not propagate a detonation or deflagration between articles, providing 
the net explosive weight of individual articles does not exceed 1 pound. 



415.4.1 Floors in storage rooms. Floors in storage areas 
for organic peroxides, pyrophoric materials and unstable 
(reactive) materials shall be of liquid-tight, noncombustible 
construction. 

415.5 Special provisions for Group H-2 and H-3 occupan- 
cies. Group H-2 and H-3 occupancies containing quantities of 
hazardous materials in excess of those set forth in Table 
415.3.2 shall be in buildings used for no other purpose, shall 
not exceed one story in height and shall be without basements, 
crawl spaces or other under-floor spaces. Group H-2 and H-3 
occupancies containing water-reactive materials shall be resis- 
tant to water penetration. Piping for conveying liquids shall not 
be over or through areas containing water reactives, unless iso- 
lated by approved liquid-tight construction. 

Exception: Fire protection piping. 

415.5.1 Floors in storage rooms. Floors in storage areas 
for organic peroxides, oxidizers, pyrophoric materials, 
unstable (reactive) materials and water-reactive solids and 
liquids shall be of liquid-tight, noncombustible construc- 
tion. 

415.5.2 Waterproof room. Rooms or areas used for the 
storage of water-reactive solids and liquids shall be con- 
structed in a manner that resists the penetration of water 
through the use of waterproof materials. Piping carrying 



water for other than approved automatic fire sprinkler sys- 
tems shall not be within such rooms or areas. 

415.6 Smoke and heat venting. Smoke and heat vents com- 
plying with Section 910 shall be installed in the following loca- 
tions: 

1. In occupancies classified as Group H-2 or H-3, any of 
which are over 15,000 square feet (1394 m 2 ) in a single | 
floor area. 

Exception: Buildings of noncombustible construc- 
tion containing only noncombustible materials. 

2. In areas of buildings in Group H used for storing Class 2, 
3 and 4 liquid and solid oxidizers, Class 1 and unclassi- 
fied detonable organic peroxides, unstable (reactive) ^" 
materials, or Class 2 or 3 water-reactive materials as 
required for a high hazard commodity classification as 1 
defined in the New York City Fire Code. § 

415.7 Group H-2. Occupancies in Group H-2 shall be con- 
structed in accordance with Sections 415.7.1 through 415.7.4 
and the New York City Fire Code. | 

415.7.1 Combustible dusts, grain processing and stor- 
age. The provisions of Sections 415.7. 1.1 through 4 15. 7. 1.5 
shall apply to buildings in which materials that produce 
combustible dusts are stored or handled. Buildings that 



2008 NEW YORK CITY BUILDING CODE 



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store or handle combustible dusts shall comply with the 

I applicable provisions of NFPA 61, NFPA 69, NFPA 120, 
NFPA 484, NFPA 651, NFPA 654, NFPA 655, NFPA 664 
and NFPA 85, and the New York City Fire Code. 

415.7.1.1 Type of construction and height exceptions. 

Buildings shall be constructed in compliance with the 
height and area limitations of Table 503 for Group H-2; 
except that where erected of Type I or II construction, the 
heights and areas of grain elevators and similar structures 
shall be unlimited, and where of Type IV construction, 
the maximum height shall be 65 feet (19 812 mm) and 
except further that, in isolated areas, the maximum 
height of Type IV structures shall be increased to 85 feet 
(25 908 mm). 

415.7.1.2 Grinding rooms. Every room or space occu- 
pied for grinding or other operations that produce com- 
bustible dusts shall be enclosed with fire barriers and 
horizontal assemblies or both that have not less than a 
2-hour fire-resistance rating where the area is not more 
than 3,000 square feet (279 m 2 ), and not less than a 
4-hour fire-resistance rating where the area is greater 
than 3,000 square feet (279 m 2 ). 

415.7.1.3 Conveyors. Conveyors, chutes, piping and 
similar equipment passing through the enclosures of 
rooms or spaces shall be constructed dirt tight and vapor 
tight, and be of approved noncombustible materials com- 
plying with Chapter 30. 

415.7.1.4 Explosion control. Explosion control shall be 
1 provided as specified in the New York City Fire Code, or 

spaces shall be equipped with the equivalent mechanical 
i ventilation complying with the New York City Mechani- 

cal Code. 

415.7.1.5 Grain elevators. Grain elevators, malt houses 
and buildings for similar occupancies shall not be 
located within 30 feet (9144 mm) of interior lot lines or 
structures on the same lot, except where erected along a 
railroad right-of-way. 

415.7.1.6 Coal pockets. Coal pockets located less than 
30 feet (9144 mm) from interior lot lines or from struc- 
tures on the same lot shall be constructed of not less than 
Type IB construction. Where more than 30 feet (9144 
mm) from interior lot lines, or where erected along a rail- 
road right-of-way, the minimum type of construction of 
such structures not more than 65 feet (19 812 mm) in 
height shall be Type IV 

415.7.2 Flammable and combustible liquids. The storage, 
handling, processing and transporting of flammable and 

■ combustible liquids shall be in accordance with this section, 
the New York City Mechanical Code and the New York City 
Fire Code. 

415,7,2,1 Mixed occupancies. Where the storage tank 
area is located in a building of two or more occupancies, 
and the quantity of liquid exceeds the maximum allow- 
able quantity for one control area, the use shall be com- 
pletely separated from adjacent fire areas in accordance 
I with the requirements of Section 508.3.3. 



415.7.2.1.1 Height exception. Where storage tanks 
are located within only a single-story building, the 
height limitation of Section 503 shall not apply for 
Group H. 

415.7.2.2 Tank protection. Storage tanks shall be 
noncombustible and protected from physical damage. A 
fire barrier wall or horizontal assemblies or both around 
the storage tank(s) shall be permitted as the method of 
protection from physical damage. 

415.7.2.3 Tanks. Storage tanks shall be approved tanks 
conforming to the requirements of the New York City Fire | 
Code. 

415.7.2.4 Suppression. Group H shall be equipped 
throughout with an approved automatic sprinkler sys- 
tem, installed in accordance with Section 903. 

415.7.2.5 Leakage containment. A liquid-tight con- 
tainment area compatible with the stored liquid shall be 
provided. The method of spill control, drainage control 
and secondary containment shall be in accordance with 
the New York City Fire Code. 1 

Exception: Rooms where only double-wall storage 
tanks conforming to Section 415.7.2.3 are used to 
store Class I, II and IIIA flammable and combustible 
liquids shall not be required to have a leakage contain- 
ment area. 

415.7.2.6 Leakage alarm. An approved automatic 
alarm shall be provided to indicate a leak in a storage 
tank and room. The alarm shall sound an audible signal, 
15 dBa above the ambient sound level, at every point of 
entry into the room in which the leaking storage tank is 
located. An approved sign shall be posted on every entry 
door to the tank storage room indicating the potential 
hazard of the interior room environment, or the sign shall 
state: WARNING, WHEN ALARM SOUNDS, THE 
ENVIRONMENT WITHIN THE ROOM MAY BE 
HAZARDOUS. The leakage alarm shall also be super- 
vised in accordance with Chapter 9 to transmit a trouble 
signal. 

415.7.2.7 Tank vent. Storage tank vents for Class I, II or 
IIIA liquids shall terminate to the outdoor air in accor- 
dance with the New York City Fire Code. | 

415.7.2.8 Room ventilation. Storage tank areas storing 
Class I, II or IIIA liquids shall be provided with mechani- 
cal ventilation. The mechanical ventilation system shall 
be in accordance with the New York City Mechanical I 
Code and the New York City Fire Code. § 

415.7.2.9 Explosion venting. Where Class I liquids are 
being stored, explosion venting shall be provided in 
accordance with the New York City Fire Code. 1 

415.7.2.10 Tank openings other than vents. Tank 
openings other than vents from tanks inside buildings 
shall be designed to ensure that liquids or vapor concen- 
trations are not released inside the building. 

415.7.3 Liquefied petroleum gas-distribution facilities. 

Propane, butane, propylene, butylene and other liquefied | 



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petroleum gas-distribution facilities shall conform to the 
1 provisions of the New York City Fire Code. 

"* 415.7.4 Dry cleaning plants. The construction and installa- 
tion of dry cleaning plants shall be in accordance with the 
I requirements of this code, the New York City Mechanical 
Code, the New York City Plumbing Code and NFPA 32. Dry 
cleaning solvents and systems shall be classified in accor- 
E dance with the New York City Fire Code, 

415.8 Groups H-3 and H-4. Groups H-3 and H-4 shall be con- 
structed in accordance with the applicable provisions of this 
E code and the New York City Fire Code. 

415.8.1 Gas rooms. When gas rooms are provided, such 
rooms shall be separated from other areas by not less than a 
1-hour fire barrier. 

415.8.2 Floors in storage rooms. Floors in storage areas 
for corrosive liquids and highly toxic or toxic materials shall 
be of liquid-tight, noncombustible construction. 

415.8.3 Separation— highly toxic solids and liquids. 
Highly toxic solids and liquids not stored in approved haz- 
ardous materials storage cabinets shall be isolated from 
other hazardous materials storage by construction having a 
1-hour fire-resistance rating. 

415.9 Group H-5. 

415.9.1 General. In addition to the requirements set forth 
elsewhere in this code, Group H-5 shall comply with the 
provisions of Section 415.9 and the New York City Fire 
Code, including, but not limited to, automatic sprinkler pro- 
tection for workstations, gas cabinets, exhausted enclo- 
sures, pass-throughs in exit access corridors and exhaust 
ducts. 

415.9.2 Fabrication areas. 
415.9.2.1 Hazardous materials in fabrication areas. 

415.9.2.1.1 Aggregate quantities. The aggregate 
quantities of hazardous materials stored and used in a 
single fabrication area shall not exceed the quantities 
set forth in Table 415.9.2. 1.1. 

Exception: The quantity limitations for any haz- 
ard category in Table 415.9.2.1.1 shall not apply 
where the fabrication area contains quantities of 
hazardous materials not exceeding the maximum 
allowable quantities per control area established 
by Tables 307.7(1) and 307.7(2). 

415.9.2.1.2 Hazardous production materials. The 
maximum quantities of hazardous production materi- 
als stored in a single fabrication area shall not exceed 
the maximum allowable quantities per control area 
established by Tables 307.7(1) and 307.7(2). 

415.9.2.2 Separation. Fabrication areas, whose sizes are 
limited by the quantity of hazardous materials allowed 
by Table 415.9.2. 1 . 1 , shall be separated from each other, 



from exit access corridors, and from other parts of the 
building by not less than 1-hour fire barriers. 

Exceptions: 

1. Doors within such fire barrier walls, including 
doors to corridors, shall be only self-closing 
fire assemblies having a fire-protection rating 
of not less than 3 / 4 hour. 

2. Windows between fabrication areas and exit 
access corridors are permitted to be fixed glaz- 
ing listed and labeled for a fire protection rating 
of at least 3 / 4 hour in accordance with Section 
715. 

415.9.23 Location of occupied levels. Occupied levels 
of fabrication areas shall be located at or above the first 
story above grade plane. 

415.9.2.4 Floors. Except for surfacing, floors within 
fabrication areas shall be of noncombustible construc- 
tion. Openings through floors of fabrication areas are 
permitted to be unprotected where the interconnected 
levels are used solely for mechanical equipment directly 
related to such fabrication areas (see also Section 
415.9.2.5). Floors forming a part of an occupancy sepa- 
ration shall be liquid tight. 

415.9.2.5 Shafts and openings through floors. Eleva- 
tor shafts, vent shafts and other openings through floors 
shall be enclosed when required by Section 707. 
Mechanical, duct and piping penetrations within a fabri- 
cation area shall not extend through more than two 
floors. The annular space around penetrations for cables, 
cable trays, tubing, piping, conduit or ducts shall be 
sealed at the floor level to restrict the movement of air. 
The fabrication area, including the areas through which 
the ductwork and piping extend, shall be considered a 
single conditioned environment. 

415.9.2.6 Ventilation. Mechanical exhaust ventilation 
shall be provided throughout the fabrication area at the 
rate of not less than 1 cubic foot per minute per square 
foot (0.044 L/S/m 2 ) of floor area. The exhaust air duct 
system of one fabrication area shall not connect to 
another duct system outside that fabrication area within 
the building. 

A ventilation system shall be provided to capture and 
exhaust fumes and vapors at workstations. 

Two or more operations at a workstation shall not be 
connected to the same exhaust system where either one 
or the combination of the substances removed could con- 
stitute a fire, explosion or hazardous chemical reaction 
within the exhaust duct system. 

Exhaust ducts penetrating occupancy separations 
shall be contained in a shaft of equivalent fire-resistance 
construction. Exhaust ducts shall not penetrate firewalls. 

Fire dampers shall not be installed in exhaust ducts. 



1 



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TABLE 415.9.2.1.1 
_QUANTIT Y LIMITS FOR HAZA RDOUS MATERIALS IN A SINGLE FABRICATION AREA IN GROUP H-5 a 



HAZARD CATEGORY 



PHYSICAL-HAZARD MATERIALS 



Combustible dust 



Combustible fiber 



Loose 
Baled 



Combustible liquid II 

IIIA 
IIIB 

Combination Class I, II and IIIA 



Cryogenic gas 



Flammable 
Oxidizing 



Explosives 



Flammable gas 



Gaseous 
Liquefied 



Flammable liquid IA 

IB 

IC 

Combination Class IA, IB and IC 

Combination Class I, II and IIIA 



Flammable solid 



Organic peroxide 

Unclassified detonable 

Class I 

Class II 

Class III 

Class IV 

Class V 



Oxidizing gas 

Combination of gaseous 
and liquefied 



Gaseous 
Liquefied 



Oxidizer 



Combination 



Class 4 
Class 3 
Class 2 
Class 1 
Class 1,2,3 



Pyrophoric material 



Unstable reactive 



Class 4 
Class 3 
Class 2 
Class 1 



Water reactive 



Class 3 
Class 2 
Class 1 



HEALTH-HAZARD MATERIALS 



Corrosives 



Highly toxic 



Toxics 



SOLIDS 
(pou nds per square feet) 



Noteb 



Noteb 
Noteb 



Not Applicable 



Not Applicable 



Noteb 



Not Applicable 



Not Applicable 



0.001 



Noteb 

Noteb 

0.025 

0.1 

Not Limited 

Not limited 



Not Applicable 



Noteb 
0.003 
0.003 
0.003 
0.003 



Noteb 



Noteb 

0.025 

0.1 

Not Limited 



Noteb 

0.25 

Not Limited 



Not Limited 



Not Limited 



Not Limited 



LIQUIDS 
(gallons per square feet) 



Not Applicable 



Not Applicable 



0.01 

0.02 

Not Limited 

0.04 



Not Applicable 



Noteb 



Not Applicable 



0.0025 
0.025 
0.025 
0.025 
0.04 



Not Applicable 



Not Applicable 



Not Applicable 



Noteb 
0.03 
0.03 
0.03 
0.03 



0.00125 



Noteb 

0.0025 

0.01 

Not Limited 



0.00125 

0.025 

Not Limited 



Not Limited 



Not Limited 



Not Limited 



GAS 
SCF/square fee t) 



Not Applicable 
Not Applicable 



Not Applicable 



Notec 

1.25 



Note b 



Notec 
Notec 



Not Applicable 



Not Applicable 



Not Applicable 



1.25 
1.25 

1.25 



Not Applicable 



Notes c and d 



Noteb 

Noteb 

Noteb 

Not Limited 



Not Applicable 



Not Limited 



Notec 



Notec 



For SI: 1 pound per square foot = 4.882 kg/m 2 , 1 gallon per square foot = 0.025 L/m 2 . 

a. Hazardous materials within piping shall not be included in the calculated quantities. 

b. Quantity of hazardous materials in a single fabrication shall not exceed the maximum allowable quantities per control area in Tables 307 7(1) and 307 7(2) 
I c. The aggregate quantity of flammable, pyrophoric, toxic and highly toxic gases shall not exceed 9,000 SCF. 

d. The aggregate quantity of pyrophoric gases in the building shall not exceed the amounts set forth in Table 415.3.2. 



70 



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415.9.2.7 Transporting hazardous production mate- 
rials to fabrication areas. Hazardous production mate- 
rials shall be transported to fabrication areas through 
enclosed piping or tubing systems that comply with Sec- 
tion 415.9.6. 1 , through service corridors complying with 
Section 415.9.4, or in exit access corridors as permitted 
in the exception to Section 415.9.3. The handling or 
transporting of hazardous production materials within 
service corridors shall comply with the New York City 
Fire Code. 

415.9.2.8 Electrical. 

415.9.2.8.1 General. Electrical equipment and 
devices within the fabrication area shall comply with 
the New York City Electrical Code. The requirements 
for hazardous locations need not be applied where the 
average air change is at least four times that set forth 
in Section 415.9.2.6 and where the number of air 
changes at any location is not less than three times that 
required by Section 415.9.2.6. The use of recirculated 
air shall be permitted. 

415.9.2.8.2 Workstations. Workstations shall not be 
energized without adequate exhaust ventilation. See 
Section 415.9.2.6 for workstation exhaust ventilation 
requirements. 

415.9.3 Exit access corridors. Exit access corridors shall 
comply with Chapter 10 and shall be separated from fabri- 
cation areas as specified in Section 415.9.2.2. Exit access 
corridors shall not contain HPM and shall not be used for 
transporting such materials, except through closed piping 
systems as provided in Section 415.9.6.3. 

Exception: Where existing fabrication areas are altered 
or modified, HPM is allowed to be transported in existing 
exit access corridors, subject to the following conditions: 

1. Corridors. Exit access corridors adjacent to the 
fabrication area where the alteration work is to be 
done shall comply with Section 1016 for a length 
determined as follows: 

1.1. The length of the common wall of the cor- 
ridor and the fabrication area; and 

1 .2. For the distance along the exit access corri- 
dor to the point of entry of HPM into the 
exit access corridor serving that fabrica- 
tion area. 

2. Emergency alarm system. There shall be an emer- 
gency telephone system, a local manual alarm sta- 
tion or other approved alarm- initiating device 
within exit access corridors at not more than 
150-foot (45 720 mm) intervals and at each exit 
and exit access doorway. The signal shall be 
relayed to an approved central, proprietary or 
remote station service or the emergency control 
station and shall also initiate a local audible alarm. 

3. Pass-throughs. Self-closing doors having a 
fire-protection rating of not less than 1 hour shall 
separate pass-throughs from existing exit access 
corridors. Pass-throughs shall be constructed as 



required for the exit access corridors, and 
protected by an approved automatic fire-extin- 
guishing system. 

415.9.4 Service corridors. 

415.9.4.1 Occupancy. Service corridors shall be classi- 
fied as Group H-5. 

415.9.4.2 Use conditions. Service corridors shall be sep- 
arated from exit access corridors as required by Section 
415.9.2.2. Service corridors shall not be used as a 
required exit access corridor. 

415.9.4.3 Mechanical ventilation. Service corridors 
shall be mechanically ventilated as required by Section 
415.9.2.6 or at not less than six air changes per hour, 
whichever is greater. 

415.9.4.4 Means of egress. The maximum distance of 
travel from any point in a service corridor to an exit, exit 
access corridor or door into a fabrication area shall not 
exceed 75 feet (22 860 mm). Dead ends shall not exceed 
4 feet (1219 mm) in length. There shall be not less than 
two exits, and not more than one-half of the required 
means of egress shall require travel into a fabrication 
area. Doors from service corridors shall swing in the 
direction of egress travel and shall be self-closing. 

415.9.4.5 Minimum width. The minimum clear width 
of a service corridor shall be 5 feet (1524 mm), or 33 
inches (838 mm) wider than the widest cart or truck used 
in the service corridor, whichever is greater. 

415.9.4.6 Emergency alarm system. Emergency alarm 
systems shall be provided in accordance with this section 
and Sections 414.7.1 and 414.7.2. The maximum allow- 
able quantity per control area provisions shall not apply 
to emergency alarm systems required for HPM. 

415.9.4.6.1 Service corridors. An emergency alarm 
system shall be provided in service corridors, with at 
least one alarm device in each service corridor. 

415.9.4.6.2 Exit access corridors and exit enclo- 
sures. Emergency alarms for exit access corridors and 
exit enclosures shall comply with Section 414.7.2. 

415.9.4.6.3 Liquid storage rooms, HPM rooms and 
gas rooms. Emergency alarms for liquid storage 
rooms, HPM rooms and gas rooms shall comply with 
Section 414.7.1. 

415.9.4.6.4 Alarm-initiating devices. An approved 
emergency telephone system, local alarm manual pull 
stations, or other approved alarm-initiating devices 
are allowed to be used as emergency alarm-initiating 
devices. 

415.9.4.6.5 Alarm signals. Activation of the emer- 
gency alarm system shall sound a local alarm and 
transmit a signal to the emergency control station. 

415.9.5 Storage of hazardous production materials. 

415.9.5.1 General. Storage of HPM in fabrication areas 
shall be within approved or listed storage cabinets or gas 
cabinets, or within a workstation. The storage of hazard- 



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3. Where the piping or tubing is used to transport 
HPM liquids, a receptor shall be installed below 
such piping or tubing. The receptor shall be 
designed to collect any discharge or leakage and 
drain it to an approved location. The 1-hour enclo- 
sure shall not be used as part of the receptor. 

4. HPM supply piping and tubing and HPM nonme- 
tallic waste lines shall be separated from the exit 
access corridor and from occupancies other than 
Group H-5 by construction as required for walls or 
partitions that have a fire protection rating of not 
less than 1 hour. Where gypsum wallboard is used, 
joints on the piping side of the enclosure are not 
required to be taped, provided the joints occur over 
framing members. Access openings into the enclo- 
sure shall be protected by approved fire-resis- 
tance- rated assemblies. 

5. Readily accessible manual or automatic remotely 
activated fail-safe emergency shutoff valves shall 
be installed on piping and tubing other than waste 
lines at the following locations: 

5.1. At branch connections into the fabrication 
area. 

5.2. At entries into exit access corridors. 

Exception: Transverse crossings of the 
corridors by supply piping that is 
enclosed within a ferrous pipe or tube for 
the width of corridor need not comply 
with Items 1 through 5. 

415.9.6.4 Identification. Piping, tubing and HPM waste 
lines shall be identified in accordance with ANSI A 13.1 
to indicate the material being transported. 

415.9.7 Continuous gas-detection systems. A continuous 
gas-detection system shall be provided for HPM gases when 
the physiological warning properties of the gas are at a 
higher level than the accepted permissible exposure limit 
(PEL) for the gas and for flammable gases in accordance 
with this section. 

415.9.7.1 Where required. A continuous gas-detection 
system shall be provided in the areas identified in Sec- 
tions 415.9.7.1.1 through 415.9.7.1.4. 

415.9.7.1.1 Fabrication areas. A continuous 
gas-detection system shall be provided in fabrication 
areas when gas is used in the fabrication area. 

415.9.7.1.2 HPM rooms. A continuous gas-detection 
system shall be provided in HPM rooms when gas is 
used in the room. 

415.9.7.1.3 Gas cabinets, exhausted enclosures 
and gas rooms. A continuous gas-detection system 
shall be provided in gas cabinets and exhausted enclo- 
sures. A continuous gas-detection system shall be 
provided in gas rooms when gases are not located in 
gas cabinets or exhausted enclosures. 

415.9.7.1.4 Exit access corridors. When gases are 
transported in piping placed within the space defined 



by the walls of an exit access corridor, and the floor or 
roof above the exit access corridor, a continuous 
gas-detection system shall be provided where piping 
is located and in the exit access corridor. 

Exception: A continuous gas-detection system is 
not required for occasional transverse crossings of 
the corridors by supply piping that is enclosed in a 
ferrous pipe or tube for the width of the corridor. 

415.9.7.2 Gas-detection system operation. The contin- 
uous gas-detection system shall be capable of monitor- 
ing the room, area or equipment in which the gas is 
located at or below the PEL or ceiling limit of the gas for 
which detection is provided. For flammable gases, the 
monitoring detection threshold level shall be vapor con- 
centrations in excess of 20 percent of the lower explosive 
limit (LFL). Monitoring for highly toxic and toxic gases 
shall also comply with the requirements for such mate- 
rial in the New York City Fire Code. 

415.9.7.2.1 Alarms. The gas detection system shall 
initiate a local alarm and transmit a signal to the emer- 
gency control station when a short-term hazard condi- 
tion is detected. The alarm shall be both visual and 
audible and shall provide warning both inside and 
outside the area where the gas is detected. < 

415.9.7.2.2 Shutoff of gas supply. The gas detection 
system shall automatically close the shutoff valve at 
the source on gas supply piping and tubing related to 
the system being monitored for which gas is detected 
when a short-term hazard condition is detected. Auto- 
matic closure of shutoff valves shall comply with the 
following: 

1 . Where the gas-detection sampling point initiat- 
ing the gas detection system alarm is within a 
gas cabinet or exhausted enclosure, the shutoff 
valve in the gas cabinet or exhausted enclosure 
for the specific gas detected shall automatically 
close. 

2. Where the gas-detection sampling point initiat- 
ing the gas detection system alarm is within a 
room and compressed gas containers are not in 
gas cabinets or an exhausted enclosure, the 
shutoff valves on all gas lines for the specific 
gas detected shall automatically close. 

3. Where the gas-detection sampling point initiat- 
ing the gas detection system alarm is within a 
piping distribution manifold enclosure, the 
shutoff valve supplying the manifold for the 
compressed gas container of the specific gas 
detected shall automatically close. 

Exception: Where the gas-detection sam- 
pling point initiating the gas detection sys- 
tem alarm is at the use location or within a 
gas valve enclosure of a branch line down- 
stream of a piping distribution manifold, the 
shutoff valve for the branch line located in 
the piping distribution manifold enclosure 
shall automatically close. 



2008 NEW YORK CITY BUILDING CODE 



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such spaces are not separately enclosed, noncombustible spray 
curtains shall be provided to restrict the spread of flammable 
vapors. 

416.3.1 Surfaces. The interior surfaces of spraying spaces 
shall be smooth and continuous without edges, and shall be 
so constructed to permit the free passage of exhaust air from 
all parts of the interior and to facilitate washing and clean- 
ing, and shall be so designed to confine residues within the 
spraying space. Aluminum shall not be used. 

416.4 Fire protection. An automatic fire-extinguishing sys- 
tem shall be provided in all spray, dip and immersing spaces 
and storage rooms, and shall be installed in accordance with 
Chapter 9. 



1 SECTION BC 417 

DRYING ROOMS 

417.1 General. A drying room or dry kiln installed within a 
building shall be constructed entirely of approved 
noncombustible materials or assemblies of such materials reg- 
ulated by the approved rules or as required in the general and 
specific sections of Chapter 4 for special occupancies, where 

■ applicable to the general requirements of Chapter 28, and in 
accordance with the New York City Fire Code. 

417.2 Piping clearance. Overhead heating pipes shall have a 
clearance of not less than 2 inches (51 mm) from combustible 
contents in the dryer. 

417.3 Insulation. Where the operating temperature of the 
dryer is 175°F (79°C) or more, metal enclosures shall be insu- 
lated from adjacent combustible materials by not less than 12 
inches (305 mm) of airspace, or the metal walls shall be lined 
with ] / 4 ~inch (6.4 mm) insulating mill board or other approved 
equivalent insulation. 

417.4 Fire protection. Drying rooms designed for high-hazard 
materials and processes, including special occupancies as pro- 
vided for in Chapter 4, shall be protected by an approved auto- 

I matic sprinkler or fire-extinguishing system conforming to the 
provisions of Chapter 9. 



I SECTION BC 418 

ORGANIC COATINGS 

418.1 Building features. Manufacturing of organic coatings 
shall be done only in buildings that do not have pits or base- 

Iments and shall comply with the Afew York City Fire Code. Such 
buildings shall be protected by an approved automatic sprin- 
kler system in accordance with Chapter 9. 

418.2 Location. Organic coating manufacturing operations 
and operations incidental to or connected therewith shall not be 
located in buildings having other occupancies. 

418.3 Process mills. Mills operating with close clearances and 
that process flammable and heat-sensitive materials, such as 

1 nitrocellulose, shall be classified as Group H-l occupancy. 

4.18.4 Tank storage. Storage areas for flammable and combus- 
tible liquid tanks inside of structures shall be located at or 
above grade and shall be separated from the processing area by 
not less than 2-hour fire-resistance-rated fire barriers. 



418.5 Nitrocellulose storage. Nitrocellulose storage shall be 
located on a detached pad or in a separate structure or a room 
enclosed with no less than 2-hour fire-resistance-rated fire bar- 
riers. 

418.6 Finished products. Storage rooms for finished products 
that are flammable or combustible liquids shall be separated 
from the processing area by fire barriers having a fire-resis- 
tance rating of at least 2 hours, and openings in the walls shall 
be protected with approved opening protectives. 



SECTION BC 419 
NONPRODUCTION CHEMICAL LABORATORIES 

419.1 General. The provisions of this section shall govern the 
design, construction and chemical quantity limitations of 
buildings and portions thereof occupied or designed to be 
occupied as a nonproduction laboratory. Nonproduction labo- 
ratories shall be classified into occupancy groups in accor- 
dance with Section 419.5. The provisions of this section shall 
not apply to production laboratories classified in Occupancy 
Group F or H. 

419.2 Standards. Except as otherwise provided in this section, 
nonproduction laboratories shall meet the design, construction 
and chemical quantity limitation requirements for laboratory 
unit fire hazard Class D, as set forth in NFPA 45, and the New 
York City Mechanical Code. The storage arrangement, han- 
dling and use of chemicals within nonproduction laboratories 
and accessory storage rooms, and the operation and mainte- 
nance of nonproduction laboratories shall comply with the 
requirements of the New York City Fire Code, and the rules of 
the fire commissioner. 

419.3 Prohibitions. It shall be unlawful in any nonproduction 
laboratory to: 

1. Store or use any explosive. 

2. Store or use any unclassified detonable organic perox- 
ide, detonable pyrophoric material, detonable unstable 
(reactive) material or detonable water-reactive material. 

3. Store or use any Class 4 unstable (reactive) material. 

4. Store or use any Class 4 oxidizing material. 

5. Store or use any flammable gas below grade. 

419.4 Definitions. The following words and terms shall, for the 
purposes of this section, and as used elsewhere in this code, 
have the meanings shown herein. 

LABORATORY BUILDING. A structure consisting wholly 
or principally of one or more laboratory units. 

LABORATORY CHEMICAL. A material with a health, 
flammability, or instability hazard rating of 2, 3, or 4 as defined 
in NFPA 704. 

LABORATORY, NONPRODUCTION. A building or por 
tion thereof wherein chemicals or gases are used or synthesized 
on a nonproduction basis for testing, research, experimental, 
instructional or educational purposes. 

LABORATORY UNIT. An enclosed space of a minimum 
1-hour fire-rated construction, designed or used as a nonpro- 
duction laboratory. Laboratory units may include one or more 



2008 NEW YORK CITY BUILDING CODE 



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SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 



excluding any quantities in a storage room, shall not exceed 
2.5 pounds (LI kg). 

Exception: The total quantity of water-reactive material 
allowed within a laboratory unit that is provided with 
walls, floors and ceilings that separate the laboratory unit 
from all adjoining areas by 2-hour Fire-rated construction 
shall not exceed 5 pounds (2.3 kg). 

419.7.6 Pyrophoric material. The total quantity of solid or 
liquid pyrophoric material allowed within a laboratory unit, 
excluding any quantities in a storage room, shall not exceed 
0.5 pounds (0.227 kg). 

Exception: The total quantity of pyrophoric material 
allowed within a laboratory unit that is provided with 
walls, floors and ceilings that separate the laboratory unit 
from all adjoining areas by 2-hour fire rated construction 
shall not exceed 1 pound (0.454 kg). 

419.7.7 Highly toxic material. The total quantity of solid 
or liquid highly toxic material allowed within a laboratory 
unit, excluding any quantities in a storage room, shall not 
exceed 5 pounds (0.227 kg). 

419.7.8 Toxic material. The total quantity of solid or liquid 
toxic material allowed within a laboratory unit, excluding 
any quantities in a storage room, shall not exceed 250 
pounds (946 L). 

419.7.9 Corrosive material. The total quantity of solid or 
liquid corrosive material allowed within a laboratory unit, 
excluding any quantity in a storage room, shall not exceed 
250 gallons (946 L). 

419.7.10 Highly toxic and toxic gases. In educational and 
instructional laboratories, the total quantity of highly toxic 
and toxic gases combined allowed within a laboratory unit, 
excluding any quantities in a storage room, shall not exceed 
20 standard cubic feet (0.56 standard cubic m). 

419.8 Storage room classification. Storage rooms for labora- 
tory chemicals accessory to a laboratory unit shall be classified 
as Occupancy Group S-l provided they comply with the provi- 
sions of Section 419.9. Storage rooms not in compliance with 
the provisions of Section 419.9 for laboratory chemical quan- 
tity limitations shall be classified as at Group H occupancy. 

419.9 Storage rooms. In addition to the quantities allowed 
within a laboratory unit by Section 4 19.7, laboratory chemicals 
that are accessory to a laboratory unit may be stored, whether 
outside of or entirely within a laboratory unit, in dedicated stor- 
age rooms complying with all of the following: 

1 . Storage room capacity shall be limited to a maximum 
of 300 gallons (1 136 L) of laboratory chemicals, not to 
exceed 5 gallons per square foot (0.125 L/m 2 ) of floor 
area. 

2. Flammable gas storage rooms shall be limited to 2,500 
standard cubic feet (7 1. standard cubic m) of flammable 
gas. 

3. Storage rooms shall be enclosed by a minimum of 
2-hour rated fire barriers. 



4. Storage rooms shall be equipped with a continuously 
operated ventilation system that provides at least 6 
changes of air per hour and vents to the outdoors. 

5. Each entrance to the storage room shall be provided 
with a minimum lV 2 -hour rated self-closing fire door. 

6. Each entrance to the storage room shall be provided 
with a sill at the doorway, except that no sill shall be 
required in storage rooms containing only flammable 
gases. 

7. Storage rooms shall be equipped with an automatic 
sprinkler system providing at least one sprinkler for 
each 90 square feet (8.4 m 2 ) or portion thereof. 

8. Laboratory chemicals that are incompatible with each 
other shall not be stored in the same storage room 
unless in compliance with the New York City Fire Code 
for separation of incompatible materials. 

9. Storage rooms shall not open directly to an exit or any 
enclosed exit access component. 

10. The floor of any storage room storing flammable gases 
shall be located at or above grade. 

419.10 Ventilation. Nonproduction laboratories shall be venti- 
lated in accordance with Section 407 of the New York City 
Mechanical Code. 



SECTION BC 420 
USES AND OCCUPANCIES INVOLVING 

RADIOACTIVE MATERIALS AND 
RADIATION-PRODUCING EQUIPMENT 

420.1 Scope. This section shall apply to the construction, alter- 
ation, and use of buildings or spaces for radioactive materials 
and radiation-producing equipment. 

420.2 City, state and federal regulations. In addition to the 
requirements of this section, occupancies involving radioactive 
materials and radiation-producing equipment shall also com- 
ply with applicable requirements of the city health code, and 
applicable state and federal regulations. 

420.3 Laboratories. All laboratories utilizing radioactive 
materials or radiation-producing equipment required to regis- 
ter under the requirements of the New York City Health Code 
shall comply with the requirements of Sections 420.3.1 
through^ 420.3.7. 

420.3.1 Construction. All buildings in which such labora- 
tories occur shall be of Group I or II construction. 

420.3.2 Floors. All floors shall comply with the fire resis- 
tance requirements for the class of construction, and pro- 
vide the degree of radioactive resistance required by 
applicable city, state, and federal regulations. A finished 
material shall be applied to provide a continuous nonporous 
surface, which may be readily removed. 

420.3.3 Interior finish. All insulation of acoustical treat- 
ments and interior partitions shall be of noncombustible 
material. Walls and ceilings shall have nonporous finishes 
of Class A rating. 



2008 NEW YORK CITY BUILDING CODE 



77 



CHAPTER 5 

GENERAL BUILDING HEIGHTS AND AREAS; 
SEPARATION OF OCCUPANCIES 



1 SECTION BC 501 

GENERAL 

501.1 Scope. The provisions of this chapter control the height 
and area of structures hereafter erected and additions to exist- 

1 ing structures, including separation of occupancies. 

501.2 Premises identification. Approved numbers or 
addresses shall be provided for new buildings and shall be 
placed in such a position as to be clearly visible and legible 
from the street or roadway fronting the property. Address num- 
bers shall be Arabic numerals or alphabet letters and shall be a 
minimum 4 inches (102 mm) in height and stroke of minimum 
0.5 inch (12.7 mm) of a contrasting color to the background 
itself. 

501.3 Fire Department access. 

501.3.1 Frontage. Every building, exclusive of accessory 
buildings, shall have at least 8 percent of the total perimeter 
of the building adjoining a street or frontage space. For the 
purposes of this section, building perimeter shall be mea- 
sured at that story having the maximum enclosed floor area; 
and buildings provided with a front yard or front setback no 
deeper than 30 feet (9144 mm) in compliance with the New 
York City $ Zoning Resolution shall be considered as adjoin- 
ing the street or frontage space. 

501.3.2 Building access. Provisions shall be made for 
access by the Fire Department to every building in accor- 
dance with this section. 

Exception: The provisions of Section 501.3.2 shall not 
apply to any story that is completely protected by an 
automatic sprinkler system complying with Section 
903.3.1. Such exception shall not apply to access to cel- 
lars or basements as required by Section 54 of the New 
York State Multiple Dwelling Law. 

501.3.2.1 Above grade. Access shall be provided 
directly from the outdoors to each story below a height of 
100 feet (30 480 mm) except to the first story or ground 
floor, by at least one window or readily identifiable 
access panel within each 50 feet (15 240 mm) or fraction 
thereof of horizontal length of every wall that fronts on a 
street or frontage space. All windows shall be openable 
from the inside or breakable from both the inside and the 
outside, and shall have a size when open of at least 24 
inches by 36 inches (610 mm by 914 mm). Panels shall 
be openable from both the inside and outside and shall 
have a height when open of 48 inches (1219 mm) and a 
width of at least 32 inches (813 mm). The sill of the win- 
dow or panel shall not be higher than 36 inches (914 mm) 
above the inside floor. 

Exception: Where not all of the windows are 
openable or breakable, the windows intended to sat- 



isfy the requirements of Section 501.3.2.1 shall be 
readily identifiable. 

501.3.2.2 Below grade. Access shall be provided 
directly from the outdoors to the first basement or cellar 
story below grade, except as provided below, within each 
100 feet (30 480 mm) or fraction thereof of horizontal 
length of every wall that fronts on a street or frontage 
space. Such access shall be by stairs, doors, windows or 
other means that provide an opening 48 inches (1219 
mm) high and 32 inches (813 mm) wide, the sill of which 
shall not be higher than 36 inches (914 mm) above the 
inside floor. If an areaway is used to provide below grade 
access, the minimum horizontal dimension shall be at 
least one- third the depth of the areaway or 6 feet (1829 
mm), whichever is less. 

1. One- and two-family dwellings need not provide 
direct access. 

2. Any building classified in Occupancy Group R-2 
not more than three stories in height and with not 
more than two dwelling units on any story need not 
provide direct access when such first basement or 
cellar story is used for dwelling units or for uses 
accessory to the residential use in the building. 

3. Except as provided in Item 2 above, for Group R- 1 
or R-2 occupancies, only one direct access from 
the outdoors to the first basement or cellar story 
consisting of a stair or door shall be required when 
such story is used for dwelling units or for uses 
accessory to the residential use in the building. 

501.3.2.3 Signs obstructing openings. Where wall 
signs are erected to cover doors or windows of existing 
buildings, access panels shall be provided as necessary to 
comply with the requirements of Sections 501 .3.2. 1 and 
501.3.2.2. 

501.3.2.4 Location. Wherever practicable, one access 
opening in each story shall provide access to a stairway, 
or where there is no stairway at the exterior wall, one 
access opening in each story shall be located as close as 
practicable to a stairway. 



SECTION BC 502 
DEFINITIONS 

502.1 Definitions. The following words and terms shall, for the 
purposes of this chapter and as used elsewhere in this code, 
have the meanings shown herein. 

AREA, BUILDING. The area included within surrounding 
exterior walls (or exterior walls and firewalls) exclusive of vent 
shafts and courts. Areas of the building not provided with sur- 
rounding walls shall be included in the building area if such 



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TABLE 503 

ALLOWABLE HEIGHT AND BUILDING AREAS 3 

Height limitations shown as stories and feet above grade plane. 

Area limitations as determined by the definition of "Area, building" per floor. 



GROUP 


Hgt (feet) 
Hgt(S) 


TYPE OF CONSTRUCTION 


TYPE1 


TYPE II 


TYPE 111 


TYPE IV 


TYPEV 


A 


B 


A 


B 


A 


B 


HT 


A 


B 


UL 


160 e 


65 


55 


65 


55 


65 


50 


40 


A-l 


S 

A 


UL 
UL 


UL 
UL 


6 
17,500 


3 
10,500 


6 
14,700 


5,600 


6 
15,000 


3 
8,400 


2 
5,500 


A-2 


S 

A 


UL 
UL 


UL 
UL 


6 
17,500 


3 
9,500 


6 
14,000 


5,600 


6 
15,000 


3 
8,400 


2 
5,500 


A-3 


S 

A 


UL 
UL 


UL 
UL 


6 
17,500 


3 
9,500 


6 
14,000 


5,600 


6 
15,000 


3 

8,400 


2 
5,500 


A-4 


S 

A 


UL 
UL 


UL 
UL 


6 
17,500 


3 
9,500 


6 
14,000 


sjoo 


6 
15,000 


3 
8,400 


2 
5.500 


A-5 


S 
A 


UL 
UL 


UL 
UL 


UL 
UL 


UL 
UL 


UL 
UL 


UL 

UL 


6 
UL 


UL 
UL 


UL 
UL 


B 


S 

A 


UL 

UL 


UL 

UL 


6 
37,500 


3 
10,500 


6 
28,500 


5,600 


6 
36,000 


3 
8,400 


2 
5,500 


E 


S 

A 


UL 

UL 


UL 
UL 


4 
26,000 


3 
10,500 


4 
23,500 


5.600 


6 
25,500 


3 
8,400 


2 
5,500 


F-l 


S 

A 


UL 

UL 


6 
UL 


5 
12,500 


IIISlllH? 

7,500 


5 
7,500 


3.000 


5 
10,000 


3 
3,000 


2 
1,000 


F-2 


S 

A 


UL 
UL 


UL 
UL 


6 
37,500 


3 
10,500 


6 
28,500 


5,600 


6 
30,000 


3 
8,400 


2 
5,500 


H-l 


S 

A 


1 
21,000 


1 
16,500 


1 
11,000 


1 
7,500 


1 
9,500 


1 
7,000 


1 
10,500 


1 
7.500 


NP 
NP 


H-2 d 


S 
A 


UL 

21,000 


3 
16,500 


2 
11,000 


1 
7,500 


2 
9,500 


1 
7,000 


2 
10,500 


J 
7,500 


1 

3,000 


H-3 d 


S 

A 


UL 

UL 


6 
60,000 


4 
26,500 


2 
14,000 


4 
17,500 


2 
13,000 


4 
25,000 


2 
10,000 


1 
5.000 


H-4 


S 

A 


UL 
UL 


7 

UL 


5 
37,500 


3 
17,500 


5 
28,500 


3 
17,500 


5 
36,000 


3 
18,000 


2 
6,500 


H-5 


S 

A 


3 
UL 


3 

UL 


3 
37,500 


3 
23,000 


3 
28,500 


3 
19,000 


3 
36,000 


3 
18,000 


2 
9,000 


1-1 


S 

A 


UL 
UL 


UL 
UL 


6 
19,000 


NP 
NP 


4 
16,500 


3 
5,600 


4 
18,000 


NP 
NP 


NP 

NP 


1-2 


S 

A 


UL 

UL 


6 

UL 


4 
7,000 


4 
3,500 


5 
5,000 


3 
1,200 


5 
6,500 


3 
2,000 


NP 
NP 


1-3 


S 

A 


UL 

UL 


4 

UL 


4 
7,000 


3 
3,500 


4 
5,000 


2 
1,200 


4 
6,500 


3 
2,000 


NP 

NP 


1-4 


S 

A 


UL 

UL 


UL 
UL 


3 
26,500 


3 
9,500 


31 
23,500 


3 
5,600 


3 
25,500 


8.400 


2 
5,500 


M 


S 

A 


UL 
UL 


UL 
UL 


6 
21,500 


3 
7,500 


6 
18,500 


5.600 


6 
; 14,000 


3 
8,400 


2 
5,500 



continued 



2008 NEW YORK CITY BUILDING CODE 



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1 SECTION BC 505 

MEZZANINES 

505.1 General. A mezzanine or mezzanines in compliance 
with this section shall be considered a portion of the floor 
below. Such mezzanines shall not contribute to either the build- 
ing area or number of stories as regulated by Section 503 . 1 . The 
area of the mezzanine shall be included in determining the fire 
area defined in Section 702. The clear height above and below 
the mezzanine floor construction shall not be less than 7 feet 
(2134 mm). 

I Exception: The clear height of habitable spaces above or 
below mezzanines within dwelling units shall not be less 
than 8 feet (2438 mm). 

505.2 Area limitation. The aggregate area of a mezzanine or 
1 mezzanines within a room or space shall not exceed one-third 

of the area of that room or space in which they are located. The 

(enclosed portions of a room or space shall not be included in 
determining the permissible floor area of the mezzanine. The 
area of the mezzanine shall not contribute to the determination 
of the floor area of the room or space below. 

Exceptions: 

I 1. The aggregate area of mezzanines in buildings and 

structures of Type I or II construction for special 
industrial occupancies in accordance with Section 
503. 1 .2 shall not exceed two-thirds of the area of the 
room. 

2. The aggregate area of a mezzanine or mezzanines 
within a dwelling unit shall not exceed one-third of 
the net floor area of such dwelling unit, whether or not 
portions of such dwelling unit are enclosed. The area 
of the mezzanine shall not contribute to the determi- 
nation of the floor area of the dwelling unit below. 

505.3 Egress. Each occupant of a mezzanine shall have access 
to at least two independent means of egress where the common 
path of egress travel exceeds the limitations of Section 1013,3. 
Where a stairway provides a means of exit access from a mez- 
zanine, the maximum travel distance includes the distance trav- 
eled on the stairway measured in the plane of the tread nosing. 

Exceptions: 

1 . A single means of egress shall be permitted in accor- 
dance with Section 1014.1. 

2. Accessible means of egress shall be provided in 
accordance with Section 1007. 

505.4 Openness. A mezzanine shall be open and unobstructed 
to the room in which such mezzanine is located except for walls 

I or railings not more than 42 inches (1067 mm) high, columns 
and posts. 

Exceptions: 

1 . Mezzanines or portions thereof are not required to be 
open to the room in which the mezzanines are located, 
provided that the occupant load of the aggregate area 
of the enclosed space does not exceed 10. 

2. A mezzanine having two or more means of egress is 
not required to be open to the room in which the mez- 
zanine is located, if at least one of the means of egress 



provides direct access to an exit from the mezzanine 
level. 

3. Mezzanines or portions thereof are not required to be 
open to the room in which the mezzanines are located, 
provided that the aggregate floor area of the enclosed 
space does not exceed 10 percent of the mezzanine 
area. 

4. In industrial facilities, mezzanines used for control 
equipment are permitted to be glazed on all sides. 

5. In Group F occupancies of unlimited area, meeting 
the requirements of Section 507.2 or 507.3, mezza- 
nines or portions thereof are not required to be open to 
the room in which the mezzanines are located, pro- 
vided that an approved fire alarm system is installed 
throughout the entire building or structure and notifi- 
cation appliances are installed throughout the mezza- 
nines in accordance with the provisions of NFPA 72. 
In addition, the fire alarm system shall be initiated by 
automatic sprinkler water flow. 

505.5 Industrial equipment platforms. Industrial equipment 
platforms in buildings shall not be considered as a portion of 
the floor below. Such equipment platforms shall not contribute 
to either the building area or the number of stories as regulated 
by Section 503.1. The area of the industrial equipment plat- 
form shall not be included in determining the fire area. Indus- 
trial equipment platforms shall not be a part of any mezzanine, 
and such platforms and the walkways, stairs and ladders pro- 
viding access to an equipment platform shall not serve as a part 
of the means of egress from the building. 

505.5.1 Area limitations. The aggregate area of all indus- 
trial equipment platforms within a room shall not exceed 
two-thirds of the area of the room in which they occur. 
Where an equipment platform is located in the same room as 
a mezzanine, the area of the mezzanine shall be determined 
by Section 505.2, and the combined aggregate area of the 
equipment platforms and mezzanines shall not exceed 
two- thirds of the room in which they occur. 

505.5.2 Fire suppression. Where located in a building that 
is required to be protected by an automatic sprinkler system, 
industrial equipment platforms shall be fully protected by 
sprinklers above and below the platform, where required by 
the standards referenced in Section 903.3. 

505.5.3 Guards. Equipment platforms shall have guards 
where required by Section 1012.1. 



SECTION BC 506 
AREA MODIFICATIONS 

506.1 General. The areas limited by Table 503 shall be permit- 
ted to be increased due to frontage (/ y ) and automatic sprinkler 
system protection (I J in accordance with the following: 

A a = [A, + (A t x I f ) + (A t x /,)] (Equation 5-1) 

where: 

A a - Allowable area per story (square feet). 



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2. The building is equipped with a fire alarm system 
with manual fire alarm boxes installed in accordance 
with Section 907. 

1 507.3 Sprinklered, two story. The area of a two-story, Group 
B, F, M or S building shall not be limited when the building is 
provided with an automatic sprinkler system in accordance 
with Section 903.3.1.1 throughout, and is surrounded and 

1 adjoined on all sides by public ways or yards not less than 60 
feet (1 8 288 mm) in width. 

507.4 Reduced open space. The permanent open space of 60 
feet (1 8 288 mm) required in Sections 507.1, 507.2 and 507.3 
shall be permitted to be reduced to not less than 40 feet (12 192 
mm) provided the following requirements are met: 

1 . The reduced open space shall not be allowed for more 
than 75 percent of the perimeter of the building. 

2. The exterior wall facing the reduced open space shall 
have a minimum fire-resistance rating of 3 hours. 

3. Openings in the exterior wall, facing the reduced open 
space, shall have opening protectives with a fire-resis- 
tance rating of 3 hours. 

507.5 Group A buildings. The area of a Group A-l, A-2, A-3, 
or A-4 building of Type IIA, IIIA or IV construction shall not 
be limited where the building is equipped throughout with an 
automatic sprinkler system in accordance with Section 
903.3. 1 . 1 . The area of a one-story, Group A-3 building used as 
a house of worship, community hall, dance hall, exhibition 
hall, gymnasium, lecture hall, indoor swimming pool or tennis 

I court of Type IIB construction shall not be limited when all of 
the following criteria are met: 

1 . The building shall not have a stage other than a platform. 

2. The building shall be equipped throughout with an auto- 
matic sprinkler system in accordance with Section 
903.3.1.1. 

3 . The assembly floor shall be located at or within 2 1 inches 
(533 mm) of street or grade level and all exits are pro- 
vided with ramps complying with Section 1010.1 to the 
street or grade level. 

14. The building shall be surrounded and adjoined on all 
sides by public ways or yards not less than 60 feet (18 
288 mm) in width. 

1 507.6 High-hazard occupancy groups. Group H-2, H-3 and 
H-4 fire areas shall be permitted in unlimited area buildings 
having occupancies in Groups F and S, in accordance with the 
limitations of this section. Fire areas located at the perimeter of 
the unlimited area building shall not exceed 10 percent of the 
area of the building, nor the area limitations specified in Table 
503 as modified by Section 506.2, based upon the percentage 
of the perimeter of the fire area that fronts on a street or other 
unoccupied space. Other fire areas shall not exceed 25 percent 
of the area limitations specified in Table 503. Fire-resis- 
tance-rating requirements of lire barrier assemblies shall be in 
(accordance with Table 508.3.3. 
507.7 Reserved. 



507.8 Group E buildings. The area of a Group E building of 
Type IIA, IIIA or IV construction shall not be limited where the 
building is protected throughout with an approved automatic 
sprinkler system in accordance with Section 903.3.1.1. The 
area of a one-story Group E building of Type IIB construction 
shall not be limited when the following criteria are met: 

1. Each classroom shall have not less than two means of 
egress, with one of the means of egress being a direct exit 
to the outside of the building complying with Section 
1017. 

2. The building is equipped throughout with an automatic 
sprinkler system in accordance with Section 903.3.1.1. 

3. The building is surrounded and adjoined on all sides by I 
public ways or yards not less than 60 feet (1 8 288 mm) in 
width. 

507.9 Motion picture theaters. In buildings of Type II, IIIA I 
and IV construction, the area of one-story motion picture the- 1 
aters shall not be limited when the building is provided with an 
automatic sprinkler system throughout in accordance with Sec- 
tion 903.3.1.1 and is surrounded and adjoined on all sides by 1 
public ways or yards not less than 60 feet (18 288 mm) in width. 

507.10 Group B buildings. Notwithstanding the provisions of 
Sections 507.2 and 507.3, the area of a Group B building of 
Type IIA, IIIA or IV construction shall not be limited where the 
building is protected throughout with an approved automatic 
sprinkler system in accordance with Section 903.3.1.1. 

507.11 Group F-2 buildings. Notwithstanding the provisions 
of Sections 507.2 and 507.3, the area of a Group F-2 building of 
Type IIA, IIIA or IV construction shall not be limited where the 
building is protected throughout with an approved automatic 
sprinkler system in accordance with Section 903.3.1.1. 

507.12 Group M buildings. Notwithstanding the provisions 
of Sections 507.2 and 507.3, the area of a Group M building of 
Type IIA, IIIA or IV construction shall not be limited where the 
building is protected throughout with an approved automatic 
sprinkler system in accordance with Section 903.3.1.1. 

507.13 Group R buildings. The area oft Group R-l and R-2 
buildings of Type IIA, IIIA or IV construction shall not be lim- 
ited where the building is protected throughout with an 
approved automatic sprinkler system in accordance with Sec- 
tion 903.3.1.1 or 903.3.1.2, as applicable. 

507.14 Group S-2 buildings. Notwithstanding the provisions 
of Sections 507.2 and 507.3, the area of a Group S-2 building of 
Type IB , IIA, IIIA or IV construction shall not be limited where 
the building is protected throughout with an approved auto- 
matic sprinkler system in accordance with Section 903.3.1.1. 



SECTION BC 508 

INCIDENTAL USE AREAS AND MIXED 

OCCUPANCIES 

508.1 General. Where a building or portion thereof contains 
two or more occupancies or uses, the building or portion 
thereof shall comply with the applicable provisions of this sec- 
tion. For additional requirements for mixed occupancies, see 
Section 506.4.1. 



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incidental use area shall be separated from the remainder 
of the building by construction capable of resisting the 
passage of smoke. The partitions shall extend from the 
floor to the underside of the fire-resistance-rated 
floor/ceiling assembly or fire-resistance-rated roof/ceil- 
ing assembly above or to the underside of the floor or 
roof sheathing or subdeck above. Doors shall be self- or 
automatic closing upon detection of smoke in accor- 
dance with Section 715.4.7.3. Doors shall not have air 
transfer openings and shall not be undercut in excess of 
the clearance permitted in accordance with NFPA 80. 

508.2.3 Protection. Where an automatic fire-extinguishing 
system or an automatic sprinkler system is provided in 
accordance with Table 508.2, only the incidental use areas 
need be equipped with such a system. 

508.3 Mixed occupancies. Each portion of a building shall be 
individually classified in accordance with Section 302.1. 
Where a building contains more than one occupancy group, the 
building or portion thereof shall comply with Section 508.3.1, 
508.3.2, 508.3.3 or a combination of these sections. 

Exceptions: 

1. Occupancies separated in accordance with Section 
509. 

2. Where required by Table 415.3.2, areas of Group 
H- 1 , H-2 or H-3 occupancies shall be located in a sep- 
arate and detached building or structure. 

3. Incidental use areas in accordance with Section 
508.2. 

508.3.1 Accessory occupancies. Accessory occupancies 
are those occupancies subsidiary to the main occupancy of 
the building or portion thereof. In addition, the aggregate of 
all accessory occupancies located on a single story shall not 
occupy more than 10 percent of the floor area of the story in 
which they are located and shall not exceed the tabular val- 
ues in Table 503 for each such accessory occupancy, with- 
out height and area increases in accordance with Sections 
504 and 506 for such accessory occupancies. 

Exceptions: 

1. The following accessory occupancies are permit- 
ted to occupy more than 10 percent of the floor 
area of the story in which they are located: 

1.1. Accessory assembly areas having a floor 
area less than 750 square feet (69.7 m 2 ). 

1.2. Assembly areas that are accessory to 
Group E occupancies. 

1.3. Accessory religious educational rooms 
and religious auditoriums with occupant 
loads of less than 100. 

2. Rooms or spaces within Group H-2, H-3, H-4 or 
H-5 occupancy shall not be considered accessory 
occupancies and shall be treated as separated occu- 
pancies in accordance with Section 508.3.3. 

508.3.1.1 Occupancy classification. Each accessory 
occupancy shall be individually classified in accordance 
with Section 302. 1 . All code requirements shall apply to 



each accessory occupancy based upon its individual 
occupancy classification, except that the most restrictive 
applicable provisions of Section 403 and Chapter 9 shall 
apply to the entire building or portion thereof. 

Exception: Code requirements for allowable height 
and area and for separation shall be governed by Sec- 
tions 508.3.1.2 and 508.3.1.3. 

508.3.1.2 Allowable height and area. The allowable 
height and area of the building shall be based on the 
allowable height and area for the main occupancy in 
accordance with Section 503.1. The height and area of 
any accessory occupancy shall not exceed the tabular 
values in Table 503, without height and area increases in 
accordance with Sections 504 and 506 for such acces- 
sory occupancies. 

508.3.1.3 Separation. No separation is required 
between an accessory occupancy and its main occu- 
pancy. 

508.3.2 Nonseparated occupancies. Buildings or portions 
of buildings that comply with the provisions of this section 
shall qualify as nonseparated occupancies. 

Exception: Rooms or spaces within at Group H-2, H-3, 
H-4 or H-5 occupancy shall be considered a separated 
occupancy and shall comply with Section 508.3.3. 

508.3.2.1 Occupancy classification. Nonseparated 
occupancies shall be individually classified in accor- 
dance with Section 302.1. All code requirements shall 
apply to each portion of the building based on the occu- 
pancy classification of that space, except that the most 
restrictive applicable provisions of Section 403 and 
Chapter 9 shall apply to the entire building or portion 
thereof. 

Exception: Code requirements for allowable height 
and area and for separation shall be governed by Sec- 
tions 508.3.2.2 and 508.3.2.3. 

508.3.2.2 Allowable height and area. The allowable 
height and area of the building or portion thereof shall be 
based on the most restrictive allowances for the occu- 
pancy groups under consideration for the type of con- 
struction of the building in accordance with Section 
503.1. 

508.3.2.3 Separation. No separation is required 
between occupancies. 

508.3.3 Separated occupancies. Buildings or portions of 
buildings that comply with the provisions of this section 
shall qualify as separated occupancies. 

508.3.3.1 Occupancy classification. Separated occu- 
pancies shall be individually classified in accordance 
with Section 302. 1 . Each fire area shall comply with this 
code based on the occupancy classification of that por- 
tion of the building. 

508.3.3.2 Allowable area. In each story, the building 
area shall be such that the sum of the ratios of the actual 
floor area of each occupancy divided by the allowable 
area of each occupancy shall not exceed one. 



2008 NEW YORK CITY BUILDING CODE 



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5083.3.3 Allowable height. Each occupancy shall com- 
ply with the height limitations based on the type of con- 
struction of the building in accordance with Section 
503.1. The height, in both feet and stories, of each fire 
area shall be measured from grade plane. This measure- 
ment shall include the height, in both feet and stories, of 
intervening fire areas. 

Exception: Special provisions permitted by Section 
509. 

508.3.3.4 Separation. Individual occupancies shall be 
separated from adjacent occupancies in accordance with 
Table 508.3.3. Where the building is equipped through- 
out with an automatic sprinkler system, installed in 
accordance with Section 903.3.1.1, the fire-resistance 
ratings in Table 508.3.3 are permitted to be reduced by 1 
hour, but in no case shall be less than that required for 
floor construction according to the type of construction, 
or less than 1 hour, whichever is higher. 

Exception: Fire separations of Group H and 1-2 occu- 
pancies shall not be permitted any reductions in 
fire-resistance ratings. 

508.3.3.4.1 Construction. Required separations 
shall be fire barriers constructed in accordance with 
Section 706 or horizontal assemblies constructed in 
accordance with Section 71 1, or both, so as to com- 
pletely separate adjacent occupancies. 



i SECTIOM BC 509 

SPECIAL PROVISIONS 

I 509.1 General. The provisions in this section shall permit the 
use of special conditions that are exempt from, or modify, the 
specific requirements of this chapter regarding the allowable 
heights and areas of buildings based on the occupancy classifi- 
cation and type of construction, provided the special condition 
complies with the provisions specified in this section for such 
condition and other applicable requirements of this code. 

I 509.2 Group S-2 enclosed parking garage with Group A, B, 

M or R above. A basement and/or the first story above grade 
plane of a building shall be considered as a separate and distinct 
building for the purpose of determining area limitations, conti- 
nuity of fire walls, limitation of number of stories and type of 
construction, when ail of the following conditions are met: 

1 . The basement and/or the first story above grade plane is 
of Type IA construction and is separated from the build- 

i ing above with a horizontal floor assembly having a min- 

imum 3 -hour fire-resistance rating. 

2. Shaft, stairway, ramp or escalator enclosures through the 
I horizontal floor assembly shall have a minimum of 

2-hour fire-resistance rating with opening protectives in 
accordance with Table 715.3. 

Exception: Where the enclosure walls below the hor~ 

1 izontal floor assembly have a minimum of 3 -hour 

fire-resistance rating with opening protectives in 

accordance with Table 715.3, the enclosure walls 

I extending above the horizontal floor assembly shall 



be permitted to have a 1-hour fire-resistance rating 
provided: 

1 . The building above the horizontal floor assem- 1 
bly is not required to be of Type I construction; 

2. The enclosure connects less than four stories, 
and 

3. The enclosure opening protectives above the 
horizontal floor assembly have a minimum 1 
1-hour fire protection rating. 

3. The building above the horizontal floor assembly con- 1 
tains only Group A having an assembly room with an 
occupant load of less than 300, or Group B, M or R; and 

4. The building below the horizontal floor assembly is a I 
Group S-2 enclosed parking garage, used for the parking 
and storage of private motor vehicles. 

Exceptions: 

1. Entry lobbies, mechanical rooms, accessory 1 
storage and similar uses incidental to the opera- § 
tion of the building shall be permitted. 

2. Group A having an assembly room with an 
occupant load of less than 300, or Group B or M 
shall be permitted in addition to those uses inci- 
dental to the operation of the building, provided 
that the entire structure below the horizontal 
floor assembly is protected throughout by an 1 
approved automatic sprinkler system. 

5. The maximum building height in feet/meters as mea- 1 
sured from the grade plane shall not exceed the limits set 1 
forth in Table 503 for the least restrictive type of con- 
struction involved. 

509.3 Group S-2 enclosed parking garage with Group S-2 I 

open parking garage above. A Group S-2 enclosed parking 
garage located in the basement or first story below a Group S-2 
open parking garage shall be classified as a separate and dis- 
tinct building for the purpose of determining the type of con- 
struction when the following conditions are met: 

1 . The allowable area of the structure shall be such that the 
sum of the ratios of the actual area divided by the allow- 
able area for each separate occupancy shall not exceed 
1.0. 

2. The Group S-2 enclosed parking garage is of Type I or II 
construction and is at least equal to the fire-resistance 
requirements of the Group S-2 open parking garage. 

3. The height and the number of the floors above the base- 
ment shall be limited as specified in Table 406.3.5. 

4. The floor assembly separating the Group S-2 enclosed 
parking garage and Group S-2 open parking garage shall 
be protected as required for the floor assembly of the 
Group S-2 enclosed parking garage. Openings between 
the Group S-2 enclosed parking garage and Group S-2 
open parking garage, except exit openings, shall not be 
required to be protected. 

5. The Group S-2 enclosed parking garage is used exclu- 
sively for the parking or storage of private motor vehi- 
cles, but shall be permitted to contain an accessory 1 



2008 NEW YORK CITY BUILDING CODE 



89 



CHAPTER 6 

TYPES OF CONSTRUCTION 



SECTION BC 601 
GENERAL 



601.1 Scope. The provisions of this chapter shall control the 

I classification of buildings as to type of construction with 
respect to occupancy and exterior fire separation distance. 



SECTION BC 602 
CONSTRUCTION CLASSIFICATION 

602.1 General. Buildings and structures erected or to be 
erected, altered or extended in height or area shall be classified 
in one of the five construction types defined in Sections 602.2 
through 602.5. The building elements shall have a fire-resis- 
tance rating not less than that specified in Table 601 and exte- 
rior walls shall have a fire-resistance rating not less than that 
specified in Table 602. Buildings constructed or altered inside 
the fire district shall further comply with Appendix D. 

602.1.1 Minimum requirements. A building or portion 
thereof shall not be required to conform to the details of a 
type of construction higher than that type, which meets the 
minimum requirements based on occupancy even though 
certain features of such a building actually conform to a 
higher type of construction. Classification shall be that of 
the minimum requirement unless all of the requirements for 
the higher type of construction are met. 

602.2 Types I and II. Type I and II construction are those types 
of construction in which the building elements listed in Table 
601 are of noncombustible materials. 

602.3 Type III. Type III construction is that type of construc- 
tion in which the exterior walls are of noncombustible materi- 
als and the interior building elements are of any material 
permitted by this code. Fire-retardant- treated wood framing 
complying with Section 2303.2 shall be permitted within exte- 
rior wall assemblies of a 2-hour rating or less. 

Exceptions: 

1. In Group 1-1, R-l, and R-2 occupancies, all exterior 
walls, fire walls, exit passageways, and shaft enclo- 
sures shall be noncombustible. 

2. In Group F occupancies subject to Section 270(1) of 
the New York State Labor Law, all exterior wall 
assemblies and all structural elements shall meet the 
requirements for a "fireproof building" as such term 
is defined in Section 264 of such law. 

3. Inside the fire district, exterior load-bearing walls 
shall be constructed of noncombustible material. 

4. Inside the fire district, exterior nonload-bearing walls 
may be constructed with fire-retardant-treated wood 
complying with Section 2303.2 where the building is 
equipped throughout with an automatic sprinkler sys- 
tem in accordance with Sections 903.3.1.1 through 



903.3.1.3, unless otherwise prohibited by Exception 
1 or 2 above. 

602.4 Type IV. Type IV construction (Heavy Timber, HT) is 
that type of construction in which the exterior walls are of 
noncombustible materials and the interior building elements 
are of solid or laminated wood without concealed spaces. The 
details of Type IV construction shall comply with the provi- 
sions of this section. Fire-retardant- treated- wood framing 
complying with Section 2303.2 shall be permitted within exte- 
rior wall assemblies with a 2-hour rating or less. 

Exceptions: 

1. In Group 1-1, R-l, and R-2 occupancies, all exterior 
walls, fire walls, exit passageways, and shaft enclo- 
sures shall be noncombustible. 

2. In Group F occupancies subject to Section 270(1) of 
the New York State Labor Law, all exterior wall 
assemblies and all structural elements shall meet the 
requirements for a "fireproof building" as defined in 
Section 264 of such law. 

3. Inside the fire district, exterior load-bearing walls 
shall be constructed of noncombustible material. 

4. Inside the fire district, exterior non-bearing walls may 
be constructed with fire-retardant-treated wood com- 
plying with Section 2303.2 where the building is 
equipped throughout with an automatic sprinkler sys- 
tem in accordance with Sections 903.3.1.1 through 
903.3.1.3, unless otherwise prohibited by Exception 
1 or 2 above. 

602.4.1 Columns. Wood columns shall be sawn or glued 
laminated and shall not be less than 8 inches (203 mm) nom- 
inal in any dimension where supporting floor loads and not 
less than 6 inches (152 mm) nominal in width and not less 
than 8 inches (203 mm) nominal in depth where supporting 
roof and ceiling loads only. Columns shall be continuous or 
superimposed and connected in an approved manner. 

602.4.2 Floor framing. Wood beams and girders shall be of 
sawn or glued-laminated timber and shall be not less than 6 
inches (152 mm) nominal in width and not less than 10 
inches (254 mm) nominal in depth. Framed sawn or 
glued-laminated timber arches, which spring from the floor 
line and support floor loads, shall be not less than 8 inches 
(203 mm) nominal in any dimension. Framed timber trusses 
supporting floor loads shall have members of not less than 8 
inches (203 mm) nominal in any dimension. 

602.4.3 Roof framing. Wood-frame or glued-laminated 
arches for roof construction, which spring from the floor 
line or from grade and do not support floor loads, shall have 
members not less than 6 inches (152 mm) nominal in width 
and have less than 8 inches (203 mm) nominal in depth for 
the lower half of the height and not less than 6 inches (152 
mm) nominal in depth for the upper half. Framed or glued 



2008 NEW YORK CITY BUILDING CODE 



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TYPES OF CONSTRUCTION 



TABLE 602 
FIRE-RESISTANCE RATING REQUIREMENTS FOR EXTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE* de 



FIRE SEPARATION DISTANCE 
(feet) 


TYPE OF CONSTRUCTION 


OCCUPANCY 
GROUP H 


OCCUPANCY 
GROUP F-1,M, S-1 


OCCUPANCY 
GROUP A, B, E, F-2, 1, R b , S-2, U 


<5 C 


All 


3 


2 


1 


>5to<10 


IA 

Others 


3 

2 


2 
1 


1 
1 


> 10 to < 30 


IA,IB 
IIB, VB 

Others 


2 
1 
1 


1 

1 


1 


1 


>30 


All 












For SI: 1 foot = 304.8 mm. 

a. Load-bearing exterior walls shall also comply with the fire-resistance rating requirements of Table 601 . 

b. Group R-3 and Group U when used as accessory to Group R-3, shall not be required to have a fire-resistance rating where the fire separation distance is 3 feet or 
more. 

c. See Section 705.1.1 for party walls. 

d. Inside the fire district, exterior load-bearing walls of Type II buildings shall have a fire-resistance rating not less than prescribed below; 

< 5 2 hours 

> (or equal) 5 and <10 2 hours 

> (or equal) 10 < 30 1 hour 

> (or equal) 30 As per table 602. 

e. Inside the fire district, exterior nonload-bearing walls of Type II buildings shall have a fire-resistance rating not less than prescribed below: 

< 5 As per Table 602 

> (or equal) 5 and <10 As per Table 602 

> (or equal) 10 < 30 1 hour 

> (or equal) 30 As per Table 602. 



602.4.5 Roofs. Roofs shall be without concealed spaces and 
wood roof decks shall be sawn or glued laminated, splined 
or tongue-and-groove plank, not less than 2 inches (5 1 mm) 
thick, 17 8 -inch-thick (32 mm) wood structural panel (exte- 
rior glue), or of planks not less than 3 inches (76 mm) nomi- 
nal in width, set on edge close together and laid as required 
for floors. Other types of decking shall be permitted to be 
used if providing equivalent fire resistance and structural 
properties. 

602.4.6 Partitions. Partitions shall be of solid wood con- 
struction formed by not less than two layers of 1-inch (25 
mm) matched boards or laminated construction 4 inches 
(102 mm) thick, or of 1-hour fire-resistance-rated construc- 
tion. 

602.4.7 Exterior structural members. Where a horizontal 
separation of 20 feet (6096 mm) or more is provided, wood 
columns and arches conforming to heavy timber sizes shall 
be permitted to be used externally, except as prohibited by 
Section 602.4 for Occupancy Groups F, M, R-l and R-2. 

602,5 Type V. Type V construction is that type of construction 
in which the structural elements, exterior walls and interior 
walls are of any materials permitted by this code. Type V con- 
struction shall not be permitted inside the fire district. 

Exception: In Group F occupancies subject to Section 
270(1) of the New York State Labor Law, all exterior wall 
assemblies and all structural elements shall meet the 
requirements for a "fireproof building" as defined in Sec- 
tion 264 of such law. 



SECTION BC 603 

COMBUSTIBLE MATERIAL IN TYPE I AND Bl 

CONSTRUCTION 

603.1 Allowable materials. Combustible materials shall be 
permitted in buildings of Type I or II construction in the follow- 
ing applications and in accordance with Sections 603.1.1 
through 603.1.3. 

1. Fire-retardant-treated wood, complying with Section 
2303.2, shall be permitted in: 

1.1. Nonbearing interior partitions where the 
required fire-resistance rating is 1 hour or less. 

Exception: Public corridors and exits shall be 
constructed of noncombustible materials. 

1.2. Roof construction as permitted in Table 601, 
Note c, Item 3. 

2. Thermal and acoustical insulation, other than foam 
plastics, having a flame spread index of not more than 
25. 

Exceptions: 

1 . Insulation placed between two layers of com- 
bustible materials without an intervening air- 
space shall be allowed to have a flame spread 
index of not more than 100. 

2. Insulation installed between a finished floor 
and solid decking without intervening airspace 
shall be allowed to have a flame spread index of 
not more than 200. 



2008 NEW YORK CITY BUILDING CODE 



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CHAPTER 7 

FlRE^RESiSTANCE^RATED CONSTRUCTION 



SECTION BC 701 

GENERAL 

701.1 Scope. The provisions of this chapter shall govern the 
materials and assemblies used for structural fire resistance and 
fire-resistance-rated construction separation of adjacent spaces 
to safeguard against the spread of fire and smoke within a 
building and the spread of fire to or from buildings. 



1 SECTION BC 702 

DEFINITIONS 

702.1 Definitions. The following words and terms shall, for the 
purposes of this chapter, and as used elsewhere in this code, 
have the meanings shown herein. 

ANNULAR SPACE. The opening around the penetrating 
item. 

CEILING RADIATION DAMPER. A listed device installed 
in a ceiling membrane of a fire-resistance-rated floor/ceiling or 
roof/ceiling assembly to limit automatically the radiative heat 
transfer through an air inlet/outlet opening. 

COMBINATION FIRE/SMOKE DAMPER. A listed 
device installed in ducts and air transfer openings designed to 
close automatically upon the detection of heat and to also resist 
the passage of air and smoke. The device is installed to operate 
automatically, controlled by a smoke detection system, and 
where required, is capable of being positioned from a remote 
command station. 

(CONCEALED SPACES. Enclosed spaces within partitions, 
walls, floors, roofs, stairs, furring, pipe chases and column 
enclosures and other similar spaces. 

DAMPER. See "Ceiling radiation damper," "Combination 
fire/smoke damper," "Fire damper" and "Smoke damper." 

DRAFT STOP. A material, device or construction installed to 
restrict the movement of air within open spaces of concealed 
areas of building components such as crawl spaces, floor/ceil- 
ing assemblies, roof/ceiling assemblies and attics. 

F RATING. The time period that the through-penetration fire 
stop system limits the spread of fire through the penetration 
when tested in accordance with ASTM E 814. 

FIRE AREA. The aggregate floor area enclosed and bounded 
by firewalls, fire barriers, exterior walls or fire-resistance-rated 
horizontal assemblies of a building. 

FIRE BARRIER. A fire-resistance-rated vertical or horizon- 
1 tal assembly of materials complying with Section 706 designed 
to restrict the spread of fire in which openings are protected. 

FIRE DAMPER. A listed device, installed in ducts and air 
transfer openings of an air distribution system or smoke control 
system, designed to close automatically upon detection of heat, 
to interrupt migratory airflow, and to restrict the passage of 
flame. Fire dampers are classified for use in either static sys- 



tems that will automatically shut down in the event of a fire, or 
in a dynamic system that continues to operate during a fire. A 
dynamic fire damper is tested and rated for closure under air- 
flow. 

FIRE DOOR. The door component of a fire door assembly. 

FIRE DOOR ASSEMBLY. Any combination of a fire door, 
frame, hardware, and other accessories that together, as an I 
opening protective, provide a specific degree of fire protection I 
to the opening. 

FIRE PARTITION. A vertical assembly of materials comply- 1 
ing with Section 708, designed to restrict the spread of fire in I 
which openings are protected. 

FIRE PROTECTION RATING. The period of time that an 
opening protective assembly will maintain the ability to con- 
fine a fire as determined by tests prescribed in Section 715. Rat- 
ings are stated in hours or minutes. 

FIRE RESISTANCE. That property of materials or their 
assemblies that prevents or retards the passage of excessive 
heat, hot gases or flames under conditions of use. 

FIRE-RESISTANCE RATING, The period of time a build- 
ing element, component or assembly maintains the ability to 
withstand fire exposure, continues to perform a given structural ■ 
function, or both, as determined by the tests, or the methods 
based on tests, prescribed in Section 703. 

FIRE-RESISTANT JOINT SYSTEM. An assemblage of 
specific materials or products that are designed, tested, and 
fire-resistance rated in accordance with either ASTM E 1966 or 
UL 2079 to resist for a prescribed period of time the passage of 
fire through joints made in or between fire-resistance-rated 
assemblies. 

FIRE SEPARATION DISTANCE. The distance measured 
from the building face to the closest interior tax lot line, to the 
centerline of a street or other public space, or to an imaginary I 
line between two buildings on the same tax lot. The distance 1 
shall be measured at right angles from the face of the wall. 

FIRE WALL. A fire-resistance-rated smoke-tight wall having I 
protected openings, which restricts the spread of fire and 
extends continuously from the foundation to or through the 
roof, with sufficient structural stability under fire conditions to 
allow collapse of construction on either side without collapse 
of the wall. 

FIRE WINDOW ASSEMBLY. A window, as an opening pro- 
tective, constructed and glazed to give protection against the 
passage of fire, smoke and hot gases. 

FIREBLOCKING. A building material or an assembly of 
building materials that may or may not have a fire-resistance 
rating installed to resist the free passage of flame or hot gases to 
other areas of the building through concealed spaces in accor- 
dance with Section 717. 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESESTANCE-RATED CONSTRUCTION 



703.3 Alternative methods for determining fire resistance. 
The application of any of the alternative methods listed in this 
section shall be based on the fire exposure and acceptance crite- 
ria specified in ASTM E 1 19. The required fire resistance of a 
building element shall be permitted to be established by any of 
the following methods or procedures: 

1. Fire-resistance designs documented in approved 
sources. 

2. Prescriptive designs of fire-resistance-rated building 
elements as prescribed in Section 720. 

3. Calculations in accordance with Section 721. 

4. Engineering analysis based on a comparison of building 
element designs having fire-resistance ratings as deter- 
mined by the test procedures set forth in ASTM E 1 19. 

5. Alternative protection methods as allowed by Section 
104.1. 

703.4 Noncombustibility tests. The tests indicated in Sections 
703.4.1 and 703.4.2 shall serve as criteria for acceptance of 
building materials as set forth in Sections 602.2, 602.3 and 
602.4 in Type I, II, III and IV construction. The term 
"noncombustible'' does not apply to the flame spread charac- 
teristics of interior finish or trim materials. A material shall not 
be classified as a noncombustible building construction mate- 
rial if it is subject to an increase in combustibility or flame 
spread beyond the limitations herein established through the 

I effects of age, fabrication or erection techniques, moisture or 
other atmospheric conditions. 

703.4.1 Elementary materials. Materials required to be 
noncombustible shall be tested in accordance with ASTM E 
136. 

703.4.2 Composite materials. Materials having a struc- 
tural base of noncombustible material as determined in 
accordance with Section 703.4.1 with a surfacing not more 
than 0.125 inch (3.18 mm) thick that has a flame spread 
index not greater than 50 when tested in accordance with 
ASTM E 84 shall be acceptable as noncombustible materi- 
als. 



SECTION BC 704 
EXTERIOR WALLS 

704.1 General. Exterior walls shall be fire-resistance rated and 
have opening protection as required by this section. Exterior 
wall construction shall comply with the provisions of Chapter 
14 and Appendix D where applicable. 

704.2 Projections. Cornices, eave overhangs, exterior balco- 
nies and similar architectural appendages, including but not 
limited to, fascias, belt courses, pilasters, surrounds, gutters, 
leaders, half-timber work, shutters, trellises, which extend 
beyond the floor area shall conform to the requirements of this 
section and Section 1406, provided, if removed or destroyed, 
will not reduce the structural stability of the building enclosure, 
and installed so as not to reduce the required fire-resistance rat- 
ing of the enclosure. Exterior egress balconies and exterior exit 
stairways shall comply with the requirements of this section 
and Sections 1013.5 andt 1022.1. Projections shall not extend 



beyond the distance determined by the following two methods, 
whichever results in the lesser projection: 

1. A point one-third the distance to the lot line from an 
assumed vertical plane located where protected openings 
are required in accordance with Section 704.8. 

2. More than 12 inches (305 mm) into areas where open- 
ings are prohibited. 

704.2.1 Type III, IV or V construction. Projections from ^ 
walls of Type III, IV or V construction shall be of any 
approved material. 

704.2.2 Combustible projections. Combustible projec- I 
tions located where openings are not permitted or where 
protection of openings is required shall be of at least 1-hour 
fire-resistance-rated construction, Type IV construction, or 
as required by Section 1406.3. 

704.3 Buildings on the same lot. For the purposes of deter- 
mining the required wall and opening protection and roof-cov- 
ering requirements, buildings on the same tax lot shall be i 
assumed to have an imaginary line between them. ^ 

Exception: Two or more buildings on the same tax lot shall 1 
either be regulated as separate buildings or shall be consid- 
ered as portions of one building if the aggregate area of such 
buildings is within the limits specified in Chapter 5 for a sin- 
gle building. Where the buildings contain different occu- 
pancy groups or are of different types of construction, the 
area shall be that allowed for the most restrictive occupancy 
or construction. 

704.4 Materials. Exterior walls shall be of materials permitted 
by the building type of construction. 

704.5 Fire-resistance ratings. Exterior walls shall be 
fire-resistance rated in accordance with Tables 601, 602, and 
Appendix D where applicable. The fire-resistance rating of 1 
exterior walls with a fire- separation distance of greater than 5 
feet (1524 mm) shall be rated for exposure to fire from the 
inside. The fire-resistance rating of exterior walls with a 
fire- separation distance of 5 feet (1524 mm) or less shall be 
rated for exposure to fire from both sides. 

704.6 Structural stability. The wall shall extend to the height 
required by Section 704.11 and shall have sufficient structural 
stability such that it will remain in place for the duration of time 
indicated by the required fire-resistance rating. 

704.7 Unexposed surface temperature. Where protected 
openings are not limited by Section 704.8, the limitation on the 
rise of temperature on the unexposed surface of exterior walls 
as required by ASTM E 1 19 shall not apply. Where protected 
openings are limited by Section 704.8, the limitation on the rise 
of temperature on the unexposed surface of exterior walls as 
required by ASTM E 119 shall not apply provided that a cor- 
rection is made for radiation from the unexposed exterior wall 
surface in accordance with the following formula: 

A e = A + (A f x FJ (Equation 7-1) 

where: 

A e = Equivalent area of protected openings. 

A - Actual area of protected openings. 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



wall, the intersection between the floor assembly and curtain 
wall assembly shall be protected in accordance with Section 
713.4. 

Exceptions: 

1 . This section shall not apply to buildings that are three 
stories or less in height. 

2. This section shall not apply to buildings equipped 
throughout with an automatic sprinkler system in 
accordance with Section 903.3.1.1 or 903.3.1.2. 

3. This section shall not apply to open parking garages. 

4. This section shall not apply to Occupancy Group A, 
E, I or R. 

704.10 Vertical exposure. For buildings on the same tax lot, 
approved protectives shall be provided in every opening that is 
less than 15 feet (4572 mm) vertically above the roof of an 
adjoining building or adjacent structure that is within a hori- 
zontal fire-separation distance of 15 feet (4572 mm) of the wall 
in which the opening is located. 

Exception: Opening protectives are not required where the 
roof construction has a fire-resistance rating of not less than 
1 hour for a minimum distance of 10 feet (3048 mm) from 
the adjoining building and the entire length and span of the 
supporting elements for the fire-resistance-rated roof 
assembly has afire-resistance rating of not less than 1 hour. 



704.11 Parapets. Parapets shall be provided on exterior walls 
of buildings. 

Exceptions: A parapet need not be provided on an exterior 
wall where any of the following conditions exist: 

1. The wall is not required to be fire-resistance rated in 
accordance with Table 602 because of fire separation 
distance. 

2. The building has an area of not more than 1,000 
square feet (93 m 2 ) on every floor. 

3. Walls that terminate at roofs of not less than 2-hour 
fire-resistance-rated construction. < 

4. One-hour fire-resistance-rated exterior walls that ter- 
minate at the underside of the roof sheathing, deck or 
slab, provided that the entire building is covered with 
a Class A roof covering. Such roof shall not have 
openings located within 10 feet (3048 mm) of the 
1-hour fire-resistance-rated exterior wall and not 
within 5 feet (1524 mm) for Groups R and U. 

4.1. Where the roof/ceiling framing elements are 
parallel to the walls, such framing and ele- 
ments supporting such framing shall not be of 
less than 1-hour fire-resistance-rated con- 
struction for a width of 4 feet (1219 mm) mea- 
sured from the interior side of the wall for 







TABLE 704.8 
MAXIMUM AREA OF EXTERIOR WALL OPENINGS 3 ' 1 






CLASSIFICATION 
OF OPENING 


FIRE SEPARATION DISTANCE (feet) 


to 3 eh 


Greater 
than 3 and not 
more than 5 b 


Greater 
than 5 and not 
more than 10 df 


Greater 
than 10 and not 
more than 15 cdf 


Greater 
than 15 and not 
more than 20 cf 


Greater 
than 20 and not 
more than 25 c> f 


Greater 
than 25 and not 
more than 30 cf 


Greater 
than 30 


Unprotected 


Not 
Permitted 6 


Not 
Permitted 15 ' - k 


10% 


15% 


25% 


45% 


70% 


No Limit 


Protected 


Not 
Permitted 1, } 


15% k 


25% k 


45% k 


75% k 


No Limit k 


No Limit k 


No Limit 



For SI: 1 foot = 304.8 mm. 

a. Values given are percentage of the area of the exterior wall. 

b. For occupancies in Group R-3, the maximum percentage of unprotected and protected exterior wall openings shall be 25 percent. 

c. The area of openings in an open parking structure with a fire separation distance of greater than 10 feet shall not be limited. 

d. For occupancies in Group H-2 or H-3, unprotected openings shall not be permitted for openings with a fire separation distance of 15 feet or less. 

e. For requirements for fire walls for buildings with differing roof heights, see Section 705.6. 1 . 

f. The area of unprotected and protected openings is not limited for occupancies in Group R-3, as applicable in Section 101.2, with a fire separation distance greater 
than 5 feet. 

g. Buildings whose exterior bearing wall, exterior nonbearing wall and exterior structural frame are not required to be fire-resistance rated shall be permitted to have 
unlimited unprotected openings. 

h. Includes accessory buildings to Group R-3. 

i. Protected openings through a wall or walls between buildings shall comply with Section 705.8. 

j. Protected openings within a fire separation distance of 3 feet or less are permitted for Occupancy Groups R-2 and R-3 provided such openings do not exceed 10 
percent of the area of the facade of the story in which they are located. These openings shall not be credited towards meeting any mandatory natural light or ventila- 
tion requirements. 

k. In Group R-2 and R-3 occupancies with an exterior separation distance greater than 3 feet, openings shall be in accordance with percentages indicated as "Pro- 
tected Classification of Opening" in Table 704.8. However, such openings shall not be required to be protected. 

1. Upon special application, the commissioner may permit exterior wall openings to be constructed in excess of the permitted area established by Table 704.8 if such 
openings at the time of their construction are located at least 60 feet in a direct line from any neighboring building, unless otherwise permitted by Section 704.3 for 
buildings on the same lot. If any neighboring building is later altered or constructed to come within the above distance limitation, the affected exterior openings 
shall immediately be closed with construction meeting the fire-resistance-rating requirements for exterior wall construction of the building in which they are 
located. Such additional openings shall not be credited toward meeting any of the mandatory natural light or ventilation requirements unless they also comply with 
applicable provisions of Chapter 12 and the zoning resolution. 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



705.5 Horizontal continuity. Fire walls shall be continuous 
from exterior wall to exterior wall and shall extend at least 18 
1 inches (457 mm) beyond the exterior surface of exterior walls. 

Exceptions: 

1. Fire walls shall be permitted to terminate at the inte- 
rior surface of combustible exterior sheathing or sid- 
ing provided the exterior wall has a fire-resistance 
rating of at least 1 hour for a horizontal distance of at 

i least 4 feet (1219 mm) on both sides of the fire wall. 

Openings within such exterior walls shall be pro- 
tected by fire assemblies having a fire protection rat- 
ing of not less than 3 / 4 hour. 

2. Fire walls shall be permitted to terminate at the inte- 
rior surface of noncombustible exterior sheathing, 
exterior siding or other noncombustible exterior fin- 
ishes provided the sheathing, siding, or other exterior 
noncombustible finish extends a horizontal distance 

i of at least 4 feet (1219 mm) on both sides of the fire 

wall. 

3. Fire walls shall be permitted to terminate at the inte- 
rior surface of noncombustible exterior sheathing 
where the building on each side of the fire wall is pro- 
tected by an automatic sprinkler system installed in 
accordance with Section 903.3.1.1 or 903.3.1.2. 

705.5.1 Exterior walls. Where the fire wall intersects the 
exterior walls, the fire-resistance rating for the exterior 
walls on both sides of the fire wall shall have a 1-hour 
fire-resistance rating with 3 / 4 -hour opening protection 
where opening protection is required. The fire-resistance 
rating of the exterior wall shall extend a minimum of 4 feet 

i (1219 mm) on each side of the intersection of the fire wall to 
exterior wall. Exterior wall intersections at fire walls that 
form an angle equal to or greater than 1 80 degrees (3.14 rad) 
do not need exterior wall protection. 

705.5.2 Horizontal projecting elements. Fire walls shall 
extend to the outer edge of horizontal projecting elements 
such as balconies, roof overhangs, canopies, marquees and 
architectural projections that are within 4 feet ( 1219 mm) of 
the fire wall. 

Exceptions: 

1 1. Noncombustible horizontal projecting elements 

without concealed spaces provided the exterior wall 
behind and below the projecting element has not less 
than 1-hour fire-resistance-rated construction for a 
distance not less than the depth of the projecting ele- 
ment on both sides of the fire wall. Openings within 
such exterior walls shall be protected by fire assem- 
blies having a fire protection rating of not less than 3 A 
hour. 

2. Noncombustible horizontal projecting elements with 
concealed spaces, provided a minimum 1-hour 
fire-resistance-rated wall extends through the con- 
cealed space. The projecting element shall be sepa- 
| rated from the building by a minimum of 1-hour 

fire-resistance-rated construction for a distance on 
each side of the firewall equal to the depth of the pro- 
jecting element. The wall is not required to extend 



under the projecting element where the building exte- 
rior wall is a minimum of 1-hour fire-resistance rated 
for a distance on each side of the firewall equal to the 
depth of the projecting element. Openings within 
such exterior walls shall be protected by fire assem- 
blies having a fire protection rating of not less than V 4 
hour. 

705.6 Vertical continuity. Fire walls shall extend from the 
foundation through the roof, to form a parapet at least 30 inches 
(762 mm) in height. Such parapet shall in no event extend to a 
point less than 4 inches (102 mm) above the highest point of 
peaked or gabled roof. 

Exceptions: 

1. Where a 2-hour fire wall is permitted in accordance 1 
with Table 705.4, such wall shall be permitted to ter- I 
minate at the underside of the roof sheathing, deck or 
slab provided: 

1.1. The lower roof assembly within 4 feet (1219 I 
mm) of the wall has not less than a 1-hour 
fire-resistance rating and the entire length and 
span of supporting elements for the rated roof 
assembly has a fire-resistance rating of not 
less than 1 hour; and 

1.2. Openings in the roof shall not be located 
within 4 feet (1219 mm) of the fire wall; and 

1.3. Each building shall be provided with not less 
than a Class A roof covering. 

2. In buildings of Type I or II construction, fire walls 
shall be permitted to terminate at the underside of 
noncombustible roof sheathing, deck, or slabs where 
both buildings are provided with not less than a Class 
A roof covering. Openings in the roof shall not be 
located within 4 feet (1219 mm) of the fire wall. 

3. In buildings of Type III, IV and V construction, fire 
walls shall be permitted to terminate at the underside 
of noncombustible roof sheathing or decks provided: 1 

3.1. There are no openings in the roof within 4 feet 
(1219 mm) of the fire wall ; and 1 

3.2. The roof is covered with a minimum Class A 1 
roof covering. ^_ 

4. Buildings located above a parking garage designed in I 
accordance with Section 509.2 shall be permitted to I 
have the fire walls for the buildings located above the 
parking garage extend from the horizontal separation 
between the parking garage and the buildings. 

705.7 Combustible framing in fire walls. Adjacent combusti- 
ble members entering into a concrete or masonry firewall from 
opposite sides shall not have less than a 4-inch (102 mm) dis- 
tance between embedded ends. Where combustible members 
frame into hollow walls or walls of hollow units, hollow spaces 
shall be solidly filled for the full thickness of the wall and for a 
distance not less than 4 inches (102 mm) above, below and 
between the structural members, with noncombustible materi- 
als approved for fireblocking. 



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■ enclosures and exit passageways shall also comply with Sec- 
tions 1019.1.1 and 1020.4, respectively. 

Exceptions: 

1. Openings shall not be limited to 120 square feet (11 
m 2 ) where adjoining fire areas are equipped through- 
out with an automatic sprinkler system in accordance 
with Section 903.3.1.1. 

12. Openings for fire doors serving an exit enclosure shall 
not be limited to an aggregate width of 25 percent of 
the length of the wall. 

3. Openings shall not be limited to 120 square feet (1 1 
m 2 ) or an aggregate width of 25 percent of the length 
of the wall where the opening protective assembly has 
been tested in accordance with ASTM E 1 19 and has a 
minimum fire-resistance rating not less than the 
fire-resistance rating of the wall. 

14. Openings permitted in atrium enclosures shall com- 
ply with the provisions of Section 404.5. 

706.8 Penetrations. Penetrations through fire barriers shall 
comply with Section 712. 

706.8.1 Prohibited penetrations. Penetrations into an exit 
enclosure shall only be allowed when permitted by Sections 
1 1019.1.2 and 1020.5. 

706.9 Joints. Joints made in or between fire barriers shall com- 
ply with Section 713. 

706.10 Ducts and air transfer openings. Penetrations by 

ducts and air transfer openings shall comply with Sections 712 
and 716. 

706.10.1 Prohibited ducts and air transfer openings. 

Penetrations by ducts and air transfer openings into an exit 
enclosure shall only be allowed when permitted by Sections 

1019.1.2 and 1020.5. 



SECTION BC 707 

SHAFT ENCLOSURES 

707.1 General. The provisions of this section shall apply to 
vertical shafts where such shafts are required to protect open- 
ings and penetrations through floor/ceiling and roof/ceiling 
assemblies. 

707.2 Shaft enclosure required. Openings through a 
floor/ceiling assembly shall be protected by a shaft enclosure 
complying with this section. 

Exceptions: 

1 . A shaft enclosure is not required for openings totally 
within an individual residential dwelling unit and 
connecting four stories or less where such dwelling 
unit is fully sprinklered in accordance with Section 
903.3.1.1, 903.3.1.2 or 903.3.1.3. 

2. A shaft enclosure is not required in a building 
equipped throughout with an automatic sprinkler 
system in accordance with Section 903.3.1.1 for an 
escalator opening or stairway which is not a portion 
of the means of egress protected according to Item 
2.1 or 2.2: 



2.1. Where the area of the floor opening between 
stories does not exceed twice the horizontal 
projected area of the escalator or stairway and 
the opening is protected by a draft curtain and 
closely spaced sprinklers in accordance with 
NFPA 13, as modified in Appendix Q. In 1 
other than Groups B and M, this application is 
limited to openings that do not connect more 
than four stories. 

2.2. Where the opening is protected by approved 
power-operated automatic shutters at every 
floor penetrated. The shutters shall be of 
noncombustible construction and have a 
fire-resistance rating of not less than 1.5 
hours. The shutter shall be so constructed as to 
close immediately upon the actuation of a 
smoke detector installed in accordance with 
Section 907.10 and shall completely shut off 
the well opening. Escalators shall cease oper- 
ation when the shutter begins to close. The 
shutter shall operate at a speed of not more 
than 30 feet per minute (152.4 mm/s) and shall 
be equipped with a sensitive leading edge to 
arrest its progress where in contact with any 
obstacle, and to continue its progress on re- 
lease therefrom. 

3. A shaft enclosure is not required for penetrations by 
pipe, tube, conduit, wire, cable, and vents protected 
in accordance with Section 712.4. 

4. A shaft enclosure is not required for penetrations by 
ducts protected in accordance with Section 712.4. 
Grease ducts shall be protected in accordance with 
the New York City Mechanical Code. 

5. In other than Group H occupancies, a shaft enclo- 
sure is not required for floor openings complying 
with the provisions for atriums in Section 404. 

6. A shaft enclosure is not required for approved 
masonry chimneys, where annular space protection 
is provided at each floor level in accordance with 
Section 717.2.5. 

7. In other than Groups 1-2 and 1-3, a shaft enclosure is 
not required for a floor opening that complies with 
all of the following: 

7.1. Does not connect more than two stories. 

7.2. Is not part of the required means of egress sys- 
tem except as permitted in Section 1019.1. 

7.3. Is not concealed within the building construc- 
tion. 

7.4. Is not open to a corridor in Group I and R oc- 
cupancies where such corridor is required to 
be fire-resistance rated in accordance with Ta- 
ble 1016.1. 

7.5. Is not open to a corridor on nonsprinklered 
floors in any occupancy where such corridor 
is required to be fire-resistance rated in accor- 
dance with Table 1016. 1 . 



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shall meet the requirements of Sections 707.13.1 through 
707.13.6. 

Exception: Chutes serving and contained within a single 
dwelling unit. 

707.13.1 Refuse and laundry chute enclosures. A shaft 
enclosure containing a refuse or laundry chute shall not be 

■ used for any other purpose and shall have a fire-resistance 
rating of 2 hours. Openings into the shaft, including those 
from access rooms and termination rooms, shall be pro- 
tected in accordance with this section and Section 715. 
Openings into chutes shall not be located in exit access cor- 
ridors. Opening protectives shall be self-closing. 

707.13.2 Materials. A shaft enclosure containing a refuse 
I or laundry chute shall be constructed of noncombustible 

materials. 

707.13.3 Refuse and laundry chute access rooms. Access 
openings for refuse and laundry chutes shall be located in 

I dedicated rooms or compartments completely enclosed by 
construction that has a fire-resistance rating of not less than 

i 2 hours. Openings into the access rooms shall be protected 
by opening protectives having a fire protection rating of not 
less than 3 ! / 2 hour and shall be self-closing. Openings may 
be automatic-closing upon the detection of smoke provided 
that the storage of refuse, including recyclables, or laundry 
is not permitted in such access rooms. 

Exception: Access openings for refuse or laundry 
chutes located within a dwelling unit need not be located 
within a separate room or compartment. 

707.13.4 Termination room. Refuse and laundry chutes 
shall discharge into an enclosed room completely separated 
from the remainder of the building by construction that has a 

I fire-resistance rating of not less than 3 hours. Openings into 
the termination room shall be protected by opening 
protectives having a fire protection rating of not less than 

i 1 V 2 hours and shall be self-closing. 

707.13.5 Incinerator room. Incinerator rooms shall com- 
1 ply with Table 508.2. 

707.13.6 Automatic fire sprinkler system. An approved 
automatic fire sprinkler system shall be installed in accor- 
dance with Section 903.2.10.2. 

707.14 Elevator and dumbwaiter shafts. Elevator hoist way 
and dumbwaiter enclosures shall be constructed in accordance 
with Section 707.4 and Chapter 30. 

1707.14.1 Elevator lobby. Elevator lobbies shall be provided 
in accordance with Section 403.9.1. 



I SECTION BC 708 

FIRE PARTITIONS 

708.1 General. The following wall assemblies shall comply 

with this section. 
r,r> 

1 1 . Walls separating tenant spaces in covered mall buildings 
as required by Section 402.7.2. 

i 2. Walls as required by Section 1016.1. 



708.2 Materials. The walls shall be of materials permitted by 
the building type of construction. 

708.3 Fire-resistance rating. The fire-resistance rating of the 
walls shall be 1 hour. 

Exception: Interior corridor walls as permitted by Table 1 
1016.1. 

708.4 Continuity. Fire partitions shall extend from the top of 
the floor assembly below to the underside of the floor or roof 
slab or deck above or to the fire-resistance-rated floor/ceiling 
or roof/ceiling assembly above, and shall be securely attached 
thereto. If the partitions are not continuous to the deck, the *■ 
space between the ceiling and the deck above shall be fire 
blocked or draft stopped in accordance with Sections 717.2.1 
and 717.3.1 at the partition line. The supporting construction 
shall be protected to afford the required fire-resistance rating of 
the wall supported. ^ 

Exceptions: . 

1. The fire partition separating tenant spaces in a mall, 
complying with Section 402.7.2, is not required to 
extend beyond the underside of a ceiling that is not 
part of a fire-resistance-rated assembly. A wall is not 
required in attic or ceiling spaces above tenant separa- 
tion walls. 

2. Fireblocking or draftstopping is not required at the 1 
partition line in Group R-2 buildings that do not 
exceed four stories in height provided the attic space 

is subdivided by draftstopping into areas not exceed- 
ing 3,000 square feet (279 m 2 ) or above every two 
dwelling units, whichever is smaller. 

3. Fireblocking or draftstopping is not required at the I 
partition line in buildings equipped with an automatic 
sprinkler system installed throughout in accordance 
with Section 903.3.1.1 or 903.3.1.2 provided that 
automatic sprinklers are installed in combustible 
floor/ceiling and roof/ceiling spaces. 

708.5 Exterior walls. Where exterior walls serve as a part of a 
required fire-resistance-rated enclosure, such walls shall com- 
ply with the requirements of Section 704 for exterior walls and 
the fire-resistance-rated enclosure requirements of Section I 
708.3 shall not apply. B 

708.6 Openings. Openings in a fire partition shall be protected 
in accordance with Section 715. 

708.7 Penetrations. Penetrations through fire partitions shall 
comply with Section 712. 

708.8 Joints. Joints made in or between fire partitions shall 
comply with Section 713. 

708.9 Ducts and air transfer openings. Penetrations by ducts 
and air transfer openings shall comply with Sections 712 and 
716. 



SECTION BC 709 
SMOKE BARRIERS 

709.1 General. Smoke barriers shall comply with this section. 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



7113.1 Ceiling panels. Where the weight of lay-in ceiling 
panels, used as part of fire-resistance-rated floor/ceiling or 
roof/ceiling assemblies, is not adequate to resist an upward 
force of 1 lb/ft. 2 (48 Pa), wire or other approved devices 
shall be installed above the panels to prevent vertical dis- 
placement under such upward force. 

7113.2 Access doors. Access doors shall be permitted in 
ceilings of fire-resistance-rated floor/ceiling and roof/ceil- 
ing assemblies provided such doors are tested in accordance 
with ASTM E 1 19 as horizontal assemblies and labeled by 
an approved agency for such purpose. 

71133 Unusable space. In 1-hour fire-resistance-rated 
floor construction, the ceiling membrane is not required to 
be installed over unusable crawl spaces not intended for 
occupancy or storage, less than 24 inches (610 mm) in 
height. In 1-hour fire-resistance-rated roof construction, the 
floor membrane is not required to be installed where the 
unusable attic space above is not intended for occupancy or 
storage. 

711.4 Continuity. Assemblies shall be continuous without 
openings, penetrations or joints except as permitted by this sec- 
tion and Sections 707.2, 712.4 and 713. Skylights and other 
penetrations through a fire-resistance-rated roof deck are per- 
mitted to be unprotected, provided that the structural integrity 
of the fire-resistance-rated roof construction is maintained. 
Unprotected skylights shall not be permitted in roof construc- 
tion required to be fire-resistance rated in accordance with Sec- 
tion 704.10. The supporting construction shall be protected to 
afford the required fire-resistance rating of the horizontal 
assembly supported. 

711.5 Penetrations. Penetrations through fire-resistance-rated 
horizontal assemblies shall comply with Section 712. 

711.6 Joints, Joints made in or between fire-resistance-rated 
horizontal assemblies shall comply with Section 713. The void 
created at the intersection of a lloor/ceiling assembly and an 
exterior curtain wall assembly shall be protected in accordance 
with Section 713.4. 

711.7 Ducts and air transfer openings. Penetrations by ducts 
and air transfer openings shall comply with Sections 712 and 
716. 



SECTION BC 712 
PENETRATIONS 

712.1 Scope. The provisions of this section shall govern the 
materials and methods of construction used to protect through 
penetrations and membrane penetrations. 

712.1.1 Special inspection. All through-penetration and 
membrane-penetration firestop systems shall comply with 
the special inspection requirements of Chapter 17. 

712.2 Installation details. Where sleeves are used, they shall 
be securely fastened to the assembly penetrated. The space 
between the item contained in the sleeve and the sleeve itself 
and any space between the sleeve and the assembly penetrated 
shall be protected in accordance with this section. Insulation 
and coverings on or in the penetrating item shall not penetrate 



the assembly unless the specific material used has been tested 
as part of the assembly in accordance with this section. 

7123 Fire-resistance-rated walls. Penetrations into or 
through fire walls, fire barriers, smoke barrier walls, and fire 
partitions shall comply with this section. 

7123.1 Through penetrations. Through penetrations of 
fire-resistance-rated walls shall comply with Section 
712.3.1.1 or 712.3. 1.2. 

Exception: Where the penetrating items are steel, fer- 
rous or copper pipes or steel conduits, the annular space 
between the penetrating item and the fire-resis- 
tance-rated wall shall be permitted to be protected as fol- 
lows: 

1 . In concrete or masonry walls where the penetrat- 
ing item is a maximum 6-inch (152 mm) nominal 
diameter and the opening is a maximum 144 
square inches (0.0929 m 2 ), concrete, grout or mor- 
tar shall be permitted where installed the full thick- 
ness of the wall or the thickness required to 
maintain the fire-resistance rating; or 

2. The material used to fill the annular space shall 
prevent the passage of flame and hot gases suffi- 
cient to ignite cotton waste where subjected to 
ASTM E 119 time-temperature fire conditions 
under a minimum positive pressure differential of 
0.01 inch (2.49 Pa) of water at the location of the 
penetration for the time period equivalent to the 
fire-resistance rating of the construction pene- 
trated. 

7123.1.1 Fire-resistance-rated assemblies. Penetra- 
tions shall be installed as tested in an approved fire-resis- 
tance-rated assembly. 

7123.1.2 Through-penetration firestop system. 

Through penetrations shall be protected by an approved 
penetration fire stop system installed as tested in accor- 
dance with ASTM E 814 or UL 1479, with a minimum 
positive pressure differential of 0.01 inch (2.49 Pa) of 
water and shall have an F rating of not less than the 
required fire-resistance rating of the wall penetrated. 

7123.2 Membrane penetrations. Membrane penetrations 
shall be protected by a membrane penetration firestop 1 
installed in accordance with Section 712.3.1. Where walls I 
and partitions are required to have a minimum 1-hour 
fire-resistance rating, recessed fixtures shall be installed 
such that the required fire resistance will not be reduced. 

Exceptions: 

1. Steel electrical boxes that do not exceed 16 square 
inches (0.0103 m 2 ) in area provided the total area 
of such openings does not exceed 100 square 
inches (0.0645 m 2 ) for any 100 square feet (9.29 
m 2 ) of wall area. Outlet boxes on opposite sides of 
the wall shall be separated as shown: 

1.1. By a horizontal distance of not less than 24 
inches (610 mm); 

1 .2. By a horizontal distance of not less than the 
depth of the wall cavity where the wall cav- 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



boxes have been tested for use in fire-resis- 
tance-rated assemblies and are installed in accor- 
dance with the instructions included in the listing. 

3. The annular space created by the penetration of a 
fire sprinkler provided it is covered by a metal 
escutcheon plate. 

712.4.3 Nonfire- resistance-rated assemblies. Penetra- 
tions of horizontal assemblies without a required fire-resis- 
tance rating shall meet the requirements of Section 707 or 
shall comply with Sections 712.4.3.1 through 712.4.3.2. 

712.4.3.1 Noncombustible penetrating items. 

Noncombustible penetrating items that connect not more 
than three stories are permitted provided that the annular 
space is filled with an approved noncombustible material 
to resist the free passage of flame and the products of 
combustion. 

712.4.3.2 Penetrating items. Penetrating items that con- 
nect not more than two stories are permitted provided that 
the annular space is filled with an approved material to resist 
the free passage of flame and the products of combustion. 

712.4.4 Ducts and air transfer openings. Penetrations of 
horizontal assemblies by ducts and air transfer openings that 
are not required to have dampers shall comply with this sec- 
tion. Ducts and air transfer openings that are protected with 
dampers shall comply with Section 716. 

712.4.5 Dissimilar materials. Noncombustible penetrating 
items shall not connect to combustible materials beyond the 
point of fire stopping unless it can be demonstrated that the 
fire-resistance integrity of the horizontal assembly is main- 
tained. 

712.4.6 Floor fire doors. Floor fire door assemblies used to 
protect openings in fire-resistance-rated floors shall be 
tested in the horizontal position in accordance with ASTM 
E 1 19, and shall achieve a fire-resistance rating not less than 
the assembly being penetrated. Floor fire doors shall be 
labeled by an approved agency. 



SECTION BC 713 
FIRE-RESISTANT JOINT SYSTEMS 

713.1 General. Joints installed in or between fire-resis- 
tance-rated walls, floor or floor/ceiling assemblies and roofs or 
roof/ceiling assemblies shall be protected by an approved 
fire-resistant joint system designed to resist the passage of fire 
for a time period not less than the required fire-resistance rating 
of the wall, floor or roof in or between which it is installed. 
Fire-resistant joint systems shall be tested in accordance with 
Section 713.3. The void created at the intersection of a 
floor/ceiling assembly and an exterior curtain wall assembly 
shall be protected in accordance with Section 713.4. 

Exception: Fire-resistant joint systems shall not be 
required for joints in all of the following locations: 

1 . Floors within a single dwelling unit. 

2. Floors where the joint is protected by a shaft enclo- 
sure in accordance with Section 707. 



3. Floors within atriums where the space adjacent to the 
atrium is included in the volume of the atrium for 
smoke control purposes. 

4. Floors within malls. 

5. Floors within open parking structures. 

6. Mezzanine floors. 

7. Walls that are permitted to have unprotected open- 
ings. 

8. Roofs where openings are permitted. 

9. Control joints not exceeding a maximum width of 
0.625 inch (15.9 mm) and tested in accordance with 
ASTM E 119. 

713.2 Installation. Fire-resistant joint systems shall be 
securely installed in or on the joint for its entire length so as not 
to dislodge, loosen or otherwise impair its ability to accommo- 
date expected building movements and to resist the passage of 
fire and hot gases, 

713.3 Fire test criteria. Fire-resistant joint systems shall be 
tested in accordance with the requirements of either ASTM E 
1966 or UL 2079. Nonsymmetrical wall joint systems shall be 
tested with both faces exposed to the furnace, and the assigned 
fire-resistance rating shall be the shortest duration obtained 
from the two tests. When evidence is furnished to show that the 
wall was tested with the least fire-resistant side exposed to the 
furnace, subject to acceptance of the commissioner, the wall 1 
need not be subjected to tests from the opposite side. 

Exception: For exterior walls with a horizontal fire separa- 
tion distance greater than 5 feet (1524 mm), the joint system 
shall be required to be tested for interior fire exposure only. 

713.4 Exterior curtain wall/floor intersection. Where fire 
resistance-rated floor or floor/ceiling assemblies are required, 
voids created at the intersection of the exterior curtain wall 
assemblies and such floor assemblies shall be sealed with an 
approved material or system to prevent the interior spread of 
fire. Such material or systems shall be securely installed and 
capable of preventing the passage of flame and hot gases suffi- 
cient to ignite cotton waste where subjected to ASTM E 1 19 
time-temperature fire conditions under a minimum positive 
pressure differential of 0.01 inch (0.254 mm) of water column 
(2.5 Pa) for the time period at least equal to the fire-resistance 
rating of the floor assembly. Height and fire-resistance require- 
ments for curtain wall spandrels shall comply with Section 
704.9. 



SECTION BC 714 

FIRE-RESISTANCE RATING OF STRUCTURAL 

MEMBERS 

714.1 Requirements. The fire-resistance rating of structural 
members and assemblies shall comply with the requirements 
for the type of construction and shall not be less than the rating 
required for the fire-resistance-rated assemblies supported. 

Exception: Fire barriers and fire partitions as provided in 
Sections 706.4 and 708.4, respectively. 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



SECTION BC 715 
OPENING PROTECTSVES 

715.1 General. Opening protectives required by other sections 
of this code shall comply with the provisions of this section. 

715.2 Fire-resistance-rated glazing. Labeled fire-resis- 
tance-rated glazing tested as part of a fire-resistance-rated wall 
assembly in accordance with ASTM E 119 shall not be 
required to comply with this section. 

715.3 Fire door and shutter assemblies. Approved fire door 
and fire shutter assemblies shall be constructed of any material 
or assembly of component materials that conforms to the test 
requirements of Section 715.3.1, 715.3.2 or 715.3.3 and the 
fire protection rating indicated in Table 715.3. Fire door assem- 
blies and shutters shall be installed in accordance with the pro- 
visions of this section and NFPA 80. 

Exceptions: 

1. Labeled protective assemblies that conform to the 
requirements of this section or UL 10 A, UL 14B and 
UL 14C for tin-clad fire door assemblies. 

2. Floor fire doors shall comply with Section 712.4.6. 





TABLE 715.3 






FIRE DOOR AND FIRE SHUTTER FIRE PROTECTION RATINGS 








MINIMUM 








FIRE DOOR 








AND FIRE 






REQUIRED 


SHUTTER 






ASSEMBLY 


ASSEMBLY 






RATING 


RATING 




TYPE OF ASSEMBLY 


(hours) 


(hours) 




Fire walls and fire barriers having a 


4 
3 

2 

iv 2 


3 

3 a 
1V 2 
1V 2 




required fire-resistance rating greater 




than 1 hour 




Fire barriers having a required 








fire-resistance rating of 1 hour: 








Shaft, exit enclosure and exit 








passageway walls 


1 


1 




Other fire barriers 


1 


3 / 4 




Fire partitions: 






1 


Corridor walls 


1 


% 




Other partitions 


1 


% 






3 


1V 2 




Exterior walls 


2 


l'/ 2 






1 


3 / 4 



a. Two doors, each with a fire protection rating of 1 7 2 hours, installed on oppo- 
site sides of the same opening in a tire wall, shall be deemed equivalent in 
tire protection rating to one 3-hour lire door. 

715.3.1 Side-hinged or pivoted swinging doors. 

Side-hinged and pivoted swinging doors shall be tested in 
accordance with NFPA 252 or UL IOC. After 5 minutes into 
the NFPA 252 test, the neutral pressure level in the furnace 
shall be established at 40 inches (1016 mm) or less above the 
sill. 

715.3.2 Other types of doors. Other types of doors, includ- 
ing swinging elevator doors, shall be tested in accordance 
with NFPA 252 or UL 1 OB. The pressure in the furnace shall 
be maintained as nearly equal to the atmospheric pressure as 



possible. Once established, the pressure shall be maintained 
during the entire test period. 

715.3.3 Door assemblies in corridors and smoke barri- 
ers. Fire door assemblies located in corridor walls or smoke < 
barrier walls having a fire-resistance rating in accordance 
with Table 715.3 shall be tested in accordance with NFPA 
252 or UL IOC. Glazing material in any part of the door < 
assembly, including transom lites and sidelites, shall be 
tested in accordance with NFPA 257 in accordance with < 
Section 715.4. Fire door assemblies shall also meet the 
requirements for a smoke- and draft-control door assembly 
tested in accordance with UL 1784 with an artificial bottom 
seal installed across the full width of the bottom of the door 
assembly. The air leakage rate of the door assembly shall not 
exceed 3.0 cfm per square foot (0.01524 mVslm 2 ) of door 
opening at 0. 10 inch (24.9 Pa) of water for both the ambient 
temperature and elevated temperature tests. Louvers shall 
be prohibited. 

Exceptions: 

1 . Viewports that require a hole not larger than 1 inch 
(25 mm) in diameter through the door, have at least 
an 0.25-inch-thick (6.4 mm) glass disc and the 
holder is of metal that will not melt out where sub- 
ject to temperatures of 1,700°F (927°C). 

2. Corridor door assemblies in occupancies of Group 
1-2 shall be in accordance with Section 407.3.1. 

715.3.4 Doors in vertical exit enclosures and exit pas- 
sageways. Fire door assemblies in vertical exit enclosures 
and exit passageways shall have a maximum transmitted 
temperature end point of not more than 450°F (232°C) 
above ambient at the end of 30 minutes of standard fire test 
exposure. 

Exception: The maximum transmitted temperature end 
point is not required in buildings equipped throughout 
with an automatic sprinkler system installed in accor- 
dance with Section 903.3.1.1 or 903.3.1.2. 

715.3.4.1 Glazing in doors. Fire-protection-rated glaz- 
ing in excess of 100 square inches (0.065 m 2 ) shall be 
permitted in fire door assemblies when tested in accor- 
dance with NFPA 252 as components of the door assem- 
blies and not as glass lights, and shall have a maximum 
transmitted temperature end point of 450°F (232°C) in 
accordance with Section 715.3.4. 

Exception: The maximum transmitted temperature 
end point is not required in buildings equipped 
throughout with an automatic sprinkler system 
installed in accordance with Section 903.3.1.1 or 
903.3.1.2. 

715.3.5 Labeled protective assemblies. Fire door assem- 
blies shall be labeled by an approved agency. The labels 
shall comply with NFPA 80, and shall be permanently 
affixed to the door or frame. 

715.3.5.1 Fire door labeling requirements. Fire doors 
shall be labeled showing the name of the manufacturer, 
the name of the third-party inspection agency, the fire 
protection rating and, where required for fire doors in 



2008 NEW YORK CITY BUILDING CODE 



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715.4 Fire-protection rated glazing. Glazing in fire window 
assemblies shall be fire protection rated in accordance with this 
section and Table 715.4. Glazing in fire doors shall comply 
with Section 7 15.3.6. Fire-protection-rated glazing installed as 
an opening protective in fire partitions, smoke barriers and fire 
barriers shall be tested in accordance with and shall meet the 
acceptance criteria of NFPA 257 for a fire protection rating of 
45 minutes. Fire-protection-rated glazing shall also comply 
with NFPA 80. Fire-protection-rated glazing required in accor- 
dance with Section 704.12 for exterior wall opening protection 
shall be tested in accordance with and shall meet the accep- 
tance criteria of NFPA 257 for a fire protection rating as 
required in Section 715.4.8. 



Exception: 
715.4.3. 



Wired glass in accordance with Section 



TABLE 715.4 
FIRE WINDOW ASSEMBLY FIRE PROTECTION RATINGS 



TYPE OF ASSEMBLY 


REQUIRED 

ASSEMBLY 

RATING 

(hours) 


MINIMUM FIRE 

WINDOW 

ASSEMBLY 

RATING (hours) 


Interior walls: 
Fire walls 
Fire barriers and fire partitions 

Smoke barriers 


All 
>1 

1 

1 


NP a 
NP a 
3 / 4 
% 


Exterior walls 


>1 
1 


IV, 


Party walls 


All 


NP a 



a. Not permitted except as specified in Section 715.2. 

715.4.1 Testing under positive pressure. NFPA 257 shall 
evaluate fire-protection-rated glazing under positive pres- 
sure. Within the first 10 minutes of a test, the pressure in the 
furnace shall be adjusted so at least two-thirds of the test 
specimen is above the neutral pressure plane, and the neutral 
pressure plane shall be maintained at that height for the bal- 
ance of the test. 

715.4.2 Nonsymmetrical glazing systems. Nonsymmetri- 
cal fire-protection-rated glazing systems in fire partitions, 
fire barriers or in exterior walls with a fire separation of 5 
feet (1524 mm) or less pursuant to Section 704 shall be 
tested with both faces exposed to the furnace, and the 
assigned fire protection rating shall be the shortest duration 
obtained from the two tests conducted in compliance with 
NFPA 257. 

715.4.3 Wired glass. Steel window frame assemblies of 
0.125-inch (3.2 mm) minimum solid section or of not less 
than nominal 0.048-inch-thick (1.2 mm) formed sheet steel 
members fabricated by pressing, mitering, riveting, inter- 
locking or welding and having provision for glazing with 
74-inch (6.4 mm) wired glass where securely installed in the 
building construction and glazed with 7 4 -inch (6.4 mm) 
labeled wired glass shall be deemed to meet the require- 
ments for a 3 / 4 -hour fire window assembly. Wired glass pan- 



els shall conform to the size limitations set forth in Table 
715.4.3. 

TABLE 715.4.3 
FIRE DOOR AND FIRE SHUTTER FIRE PROTECTION RATINGS 1 



OPENING FSRE 

PROTECTION 

RATING 


MAXIMUM 

AREA 

(square inches) 


MAXIMUM 
HEIGHT 
(inches) 


MAXIMUM 
WIDTH 

(inches) 


3 hours 











l7 2 -hour doors in 
exterior walls 











1 and 1 7 2 hours 


100 


33 


10 


3 / 4 hour 


1,296 


54 


54 


Fire window 
assemblies 


1,296 


54 


54 



For SI: 1 inch = 25.4 mm, 1 square inch = 645.2 mm 2 . 

715.4.4 Nonwired glass. Glazing other than wired glass in 
fire window assemblies shall be fire-protection-rated glaz- 
ing installed in accordance with and complying with the size 
limitations set forth in NFPA 80. 

715.4.5 Installation. Fire-protection-rated glazing shall be 
in the fixed position or be automatic-closing and shall be 
installed in approved frames. 

715.4.6 Window mullions. Metal mullions that exceed a 
nominal height of 12 feet (3658 mm) shall be protected with 
materials to afford the same fire-resistance rating as 
required for the wall construction in which the protective is 
located. 

715.4.7 Interior fire window assemblies. Fire-protec- 
tion-rated glazing used in fire window assemblies located in 
fire partitions and fire barriers shall be limited to use in 
assemblies with a maximum fire-resistance rating of 1 hour 
in accordance with this section. 

715.4.7.1 Where permitted. Fire-protection-rated glaz- 
ing shall be limited to fire partitions designed in accor- 
dance with Section 708 and fire barriers utilized in the 
applications set forth in Sections 706.3.5 and 706.3.6 
where the fire-resistance rating does not exceed 1 hour. 

715.4.7.2 Size limitations. The total area of windows 
shall not exceed 25 percent of the area of a common wall 
with any room. 

715.4.8 Exterior fire window assemblies. Exterior open- 
ings, other than doors, required to be protected by Section 
704.12, where located in a wall required by Table 602 to 
have a fire-resistance rating of greater than 1 hour, shall be 
protected with an assembly having a fire protection rating of 
not less than 1V 2 hours. Exterior openings required to be 
protected by Section 704,8, where located in a wall required 
by Table 602 to have a fire-resistance rating of 1 hour, shall 
be protected with an assembly having a fire protection rat- 
ing of not less than 3 / 4 hour. Exterior openings required to be 
protected by Section 704.9 or 704. 10 shall be protected with 
an assembly having a fire protection rating of not less than 
3 / 4 hour. Openings in nonf ire-resistance-rated exterior wall 



2008 NEW YORK CITY BUBLDING CODE 



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5. Where a total-coverage smoke detector system is 
provided within areas served by a heating, ventila- 
tion and air-conditioning (HVAC) system, damp- 
ers shall be permitted to be controlled by the 
smoke detection system. 

6. Smoke dampers that are part of an engineered 
smoke control system shall be controlled in accor- 
dance with Section 607.3.2. 1 of the New York City 
Mechanical Code, 

716 .4 Access and identification. Fire and smoke dampers 
shall be provided with an approved means of access, large 
enough to permit inspection and maintenance of the damper 
and its operating parts. The access shall not affect the integrity 
of fire-resistance-rated assemblies. The access openings shall 
not reduce the fire-resistance rating of the assembly. Access 
points shall be permanently identified on the exterior by a label 
having letters not less than 0.5 inch (12.7 mm) in height read- 
ing: SMOKE DAMPER or FIRE DAMPER followed by an 
identification marking that is individual and unique to the 
damper accessed. 

716.5 Where required. Fire dampers, smoke dampers, combi- 
nation fire/smoke dampers and ceiling radiation dampers shall 
be provided as specified in this section. Where an assembly is 
required to have both fire dampers and smoke dampers, combi- 
nation fire/smoke dampers or a fire damper and a smoke 
damper shall be required. 

Exceptions: 

1. Smoke dampers shall not be required on air systems 
other than where necessary for the proper function of 
that system where the system is designed specifically 
to: 

1.1. Function as an engineered smoke control sys- 
tem, including the provision of continuous air 
movement with the air-handling system; 

1 .2. Provide air to other areas of the building dur- 
ing a fire emergency; or 

1.3. Provide pressure differentials during a fire 
emergency. 

2. Smoke dampers shall not be required to be located 
within a prescribed distance of a fire-rated enclosure 
where isolation smoke dampers are used in air-han- 
dling equipment. 

3. Smoke dampers shall not be required in ducts where 
the air continues to move and the air-handling system 
installed is arranged to prevent recirculation of 
exhaust or return air under fire emergency conditions. 

716.5.1 Fire walls. Ducts and air transfer openings permit- 
ted in fire walls in accordance with Section 705.1 1 shall be 
protected with approved fire dampers and smoke dampers 
installed in accordance with their listing. 

716.5.2 Fire barriers. Duct and air transfer openings of fire 
barriers shall be protected with approved fire dampers 
installed in accordance with their listing. In addition, smoke 



dampers shall be installed in penetrations of public corridor | 
walls in accordance with Section 716.5.2.14 

Exception: Fire dampers are not required at penetrations 
of fire barriers where any of the following apply: 

1. Penetrations are tested in accordance with ASTM E 
1 19 as part of the fire-resistance-rated assembly. 

2. Ducts are used as part of an approved smoke control 
system in accordance with Section 716.2.1 and Sec- 
tion 909. 

3. Such walls are penetrated by ducted HVAC systems, 
have a required fire-resistance rating of 1 hour or less, 
are in areas of other than Group H and are in buildings 
equipped throughout with an automatic sprinkler sys- 
tem in accordance with Section 903.3.1.1 or 
903.3. 1 .2. For the purposes of this exception, a ducted 
HVAC system shall be a duct system for conveying 
supply, return or exhaust air as part of the structure's 
HVAC system. Such a duct system shall be con- 
structed of sheet steel not less than 26 gage thickness 
and shall be continuous from the air-handling appli- 
ance or equipment to the air outlet and inlet terminals. 

716.5.2.1 Public corridors. A listed smoke damper 
designed to resist the passage of smoke shall be provided 
at each point a duct or air transfer opening penetrates a 
public corridor wall constructed as a fire barrier. 

Exceptions: 

1. Smoke dampers are not required where the 
building is equipped throughout with an 
approved smoke control system in accordance 
with Section 909, and smoke dampers are not 
necessary for the operation and control of the 
system. 

2. Smoke dampers are not required in corridor 
penetrations where the duct is constructed of 
steel not less than 0.019-inch (0.48 mm) in 
thickness and there are no openings serving the 
corridor. 

3. Smoke dampers are not required in corridor 
penetrations in Group R-2 buildings and 
spaces. 

716.5.3 Shaft enclosures. Ducts and air transfer openings 
shall not penetrate a shaft serving as an exit enclosure except 
as permitted by Section 1019.1.2. 1 

716.5.3.1 Penetrations of shaft enclosures. Shaft 
enclosures that are permitted to be penetrated by ducts 
and air transfer openings shall be protected with 
approved fire and smoke dampers installed in accor- 
dance with their listing. 

Exceptions: 

1 . Fire dampers are not required at penetrations of 
shafts where: 

1.1. Steel exhaust subducts are extended at | 
least 22 inches (559 mm) vertically in 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



Smoke dampers and smoke damper actuation methods shall 

comply with Section 716.3.2.1. 

Exception: Smoke dampers are not required where the 
openings in ducts are limited to a single smoke compart- 
ment and the ducts are constructed of steel. 

716.6 Horizontal assemblies. Penetrations by ducts and air 
transfer openings of a floor, floor/ceiling assembly or the ceil- 
ing membrane of a roof/ceiling assembly shall be protected by 
a shaft enclosure that complies with Section 707 or shall com- 
ply with this section. 

716.6.1 Through penetrations. In occupancies other than 
Groups 1-2 and 1-3, a duct and air transfer opening system 
constructed of approved materials in accordance with the 
New York City Mechanical Code that penetrates a fire-resis- 
tance-rated floor/ceiling assembly that connects not more 
than two stories is permitted without shaft enclosure protec- 
tion provided a fire damper is installed at the floor line and 
the penetration is fireblocked in accordance with Section 
717.2.5. 

Exception: A duct serving a dwelling unit is permitted to 
penetrate three floors or less without a fire damper at 
each floor provided it meets all of the following require- 
ments. 

1 . The duct shall be contained and located within the 
cavity of a wall and shall be constructed of steel not 
less than 0.019 inch (0.48 mm) (26 gage) in thick- 
ness. 

2. The duct shall open into only one dwelling unit and 
the duct system shall be continuous from the unit 
to the exterior of the building. 

1 3. The duct shall not exceed 5-inch (127 mm) nomi- 

nal diameter and the total area of such ducts shall 

| not exceed 100 square inches (0.065 m 2 ) in any 

100 square feet (9.3 m 2 ) of floor area. 

4. The annular space around the duct is protected 
with materials that prevent the passage of flame 
and hot gases sufficient to ignite cotton waste 
where subjected to ASTM E 1 19 time-temperature 
conditions under a minimum positive pressure dif- 
ferential of 0.01 inch (2.49 Pa) of water at the loca- 
tion of the penetration for the time period 
equivalent to the fire-resistance rating of the con- 
struction penetrated. 

5. Grille openings located in a ceiling of a fire-resis- 
tance-rated floor/ceiling or roof/ceiling assembly 
shall be protected with a ceiling radiation damper 
in accordance with Section 716.6.2. 

716.6.2 Membrane penetrations. Where duct systems 
constructed of approved materials in accordance with the 

| New York City Mechanical Code penetrate a ceiling of a 
fire-resistance-rated floor/ceiling or roof/ceiling assembly, 
shaft enclosure protection is not required provided an 

| approved ceiling radiation damper and firestopping is 
installed at the ceiling line. Where a duct is not attached to a 



1 



diffuser that penetrates a ceiling of a fire-resistance-rated 
floor/ceiling or roof/ceiling assembly, shaft enclosure pro- 
tection is not required provided an approved ceiling radia- 
tion damper and firestopping is installed at the ceiling line. 
Ceiling radiation dampers shall be tested in accordance with 
UL 555C and constructed in accordance with the details 
listed in a fire-resistance-rated assembly or shall be labeled 
to function as a heat barrier for air-handling outlet/inlet pen- 
etrations in the ceiling of a fire-resistance-rated assembly. 
Ceiling radiation dampers shall not be required where 
ASTM E 119 fire tests have shown that ceiling radiation 
dampers are not necessary in order to maintain the 
fire-resistance rating of the assembly. Ceiling radiation 
dampers shall not be required where exhaust duct penetra- 
tions are protected in accordance with Section 712.4.2 and 
the exhaust ducts are located within the cavity of a wall, and 
do not pass through another dwelling unit or tenant space. 

716.6.3 Non-fire-resistance-rated assemblies. Duct sys- 
tems constructed of approved materials in accordance with 
the New York City Mechanical Code that penetrate 
non-fire-resistance-rated floor assemblies and that connect 
not more than two stories are permitted without shaft enclo- 
sure protection provided that the annular space between the 
assembly and the penetrating duct is filled with an approved 
noncombustible material to resist the free passage of flame 
and the products of combustion. Duct systems constructed 
of approved materials in accordance with the New York City 
Mechanical Code that penetrate non-fire-resistance-rated 
floor assemblies and that connect not more than three stories 
are permitted without shaft enclosure protection provided 
that the annular space between the assembly and the pene- 
trating duct is filled with an approved noncombustible mate- 
rial to resist the free passage of flame and the products of 
combustion, and a fire damper is installed at each floor line. 

Exception: Fire dampers are not required in ducts within 
individual residential dwelling units. 

716.7 Flexible ducts and air connectors. Flexible ducts and 
air connectors shall not pass through any fire-resistance-rated 
assembly. Flexible air connectors shall not pass through any 
wall, floor or ceiling. 



SECTION BC 717 
CONCEALED SPACES 

717.1 General. Fireblocking and draftstopping shall be 
installed in combustible and noncombustible concealed loca- 
tions in accordance with this section. Fireblocking shall com- 
ply with Section 717.2. Draftstopping in floor/ceiling spaces 
and attic spaces shall comply with Sections 717.3 and 717.4, 
respectively. The permitted use of combustible materials in 
concealed spaces of noncombustible buildings shall be limited 
to the applications indicated in Section 717.5. Installations of 
fireblocking and draftstopping shall comply with the special 
inspection requirements of Chapter 17. 

Exception: Concealed spaces that are sprinklered in accor- 
dance with Chapter 9 or are constructed as a shaft. 



i 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



7173.2 Group R. Draftstopping shall be provided in 
floor/ceiling spaces in Group R buildings. Draftstopping 
shall be located above and in line with the dwelling unit sep- 
arations. 

Exceptions: 

1 . Draftstopping is not required in buildings equipped 
throughout with an automatic sprinkler system in 
accordance with Section 903.3.1.1. 

2. Draftstopping is not required in buildings equipped 
throughout with an automatic sprinkler system in 
accordance with Section 903.3.1.2, provided that 
automatic sprinklers are also installed in the com- 
bustible concealed spaces. 

3. Where laminated wood I-joist assemblies are used, 
the space between the ceiling and the floor or roof 
above shall be divided into approximately equal 
areas not greater than 500 square feet (46.5 m 2 ). 

4. Draftstopping shall not be required where the 
structural members within the concealed ceiling 
space are individually protected on all sides for 
their full length with materials having the required 
fire-resistance rating. 

717.3.3 Other groups. In occupancies other than Group R, 
draft stopping shall be installed so that horizontal floor areas 
| do not exceed 3,000 square feet (279 m 2 ). 

Exceptions: 

1 1. Draftstopping is not required in buildings 

equipped throughout with an automatic sprinkler 
system in accordance with Section 903.3.1.1. 

2. Draftstopping shall not be required where the 
structural members within the concealed ceiling 
space are individually protected on all sides for 
their full length with materials having the required 
fire-resistance rating. 

717.4 Draftstopping in attics. In combustible and 
noncombustible construction, draftstopping shall be installed 
to subdivide attic spaces and concealed roof spaces in the loca- 
tions prescribed in Sections 717.4.2 and 717.4.3. Ventilation of 
concealed roof spaces shall be maintained in accordance with 
Section 1203.2. 

717.4.1 Draftstopping materials. Materials utilized for 
draftstopping of attic spaces shall comply with Section 
717.3.1. 

717.4.1.1 Openings. Openings in draftstop partitions 
provided in accordance with Section 1209.2 shall be pro- 
tected by self-closing doors with automatic latches con- 
structed as required for the partitions. 

717.4.2 Groups R-l and R-2. Draftstopping shall be pro- 
vided in attics, mansards, overhangs or other concealed roof 
spaces of Group R-2 buildings with three or more dwelling 
units and in all Group R-l buildings. Draftstopping shall be 
installed above, and in line with, dwelling unit separation 



walls that do not extend to the underside of the roof sheath- 
ing above. 

Exceptions: 4 

1. Draftstopping shall not be required where the 
structural members within the concealed attic 
space are individually protected on all sides for 
their full length with materials having the required 
fire-resistance rating. 

2. Draftstopping is not required in buildings 
equipped throughout with an automatic sprinkler 
system in accordance with Section 903.3.1.1. 

3. In occupancies in Group R-2 that do not exceed 
four stories in height, the attic space shall be subdi- 
vided by draft stops into areas not exceeding 3,000 
square feet (279 m 2 ) or above every two dwelling 
units, whichever is smaller. 

4. Draftstopping is not required in buildings 
equipped throughout with an automatic sprinkler 
system in accordance with Section 903.3. 1 .2, pro- 
vided that automatic sprinklers are also installed in 
the combustible concealed spaces. 

5. Where laminated wood I-joist assemblies are used, 
the space between the ceiling and the floor or roof 
above shall be divided into approximately equal 
areas not greater than 500 square feet (46.5 m 2 ). 

717,4.3 Other groups. Draftstopping shall be installed in 
attics and concealed roof spaces, such that any horizontal 
area does not exceed 3,000 square feet (279 m 2 ). 

Exceptions: 

1. Draftstopping is not required in buildings 
equipped throughout with an automatic sprinkler 
system in accordance with Section 903.3.1.1. 

2. Draftstopping shall not be required where the 
structural members within the concealed attic 
space are individually protected on all sides for 
their full length with materials having the required 
fire-resistance rating. 

3. Where laminated wood I-joist assemblies are used, 
the space between the ceiling and the floor or roof 
above shall be divided into approximately equal 
areas not greater than 500 square feet (46.5 m 2 ). 

717.5 Combustibles in concealed spaces in Type I or II con- 
struction. Combustibles shall not be permitted in concealed 
spaces of buildings of Type I or II construction. 

Exceptions: 

1. Combustible materials in accordance with Section 
603. 

2. Combustible materials complying with Section 602 
of the New York City Mechanical Code. § 

3. Class A interior finish materials. 

4. Combustible piping within partitions or enclosed 
shafts installed in accordance with the provisions of 



2008 NEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



or combustion that are more toxic in point of concentration 
than those given off by wood or paper when decomposing or 
burning under comparable conditions in accordance with 
test standards approved by the department. 

719.4 Loose-fill insulation. Loose-fill insulation materials 
that cannot be mounted in the ASTM E 84 apparatus without a 
screen or artificial supports shall comply with the flame spread 
and smoke-developed limits of Sections 719.2 and 719.3 when 
tested in accordance with CAN/ULC S 102.2. 

Exception: Cellulose loose-fill insulation shall not be 
required to comply with this test method, provided such 
insulation complies with the requirements of Section 719.6. 

719.5 Roof insulation. The use of combustible roof insulation 
not complying with Sections 719.2 and 719.3 shall be permit- 
ted in any type construction provided it is applied on top of roof 
decking or slab and is covered with approved roof coverings 
directly applied thereto. 

719.6 Cellulose loose-fill insulation. Cellulose loose-fill insu- 
lation shall comply with CPSC 16 CFR, Part 1209 and CPSC 
16 CFR, Part 1404. Each package of such insulating material 
shall be clearly labeled in accordance with CPSC 16 CFR, Part 
1209 and CPSC 16 CFR, Part 1404. 

719.7 Insulation and covering on pipe and tubing. Insula- 
tion and covering on pipe and tubing shall comply with the 
requirements of the New York City Mechanical Code. 



i SECTION BC 720 

PRESCRIPTIVE FIRE RESISTANCE 

720.1 General. The provisions of this section contain prescrip- 
tive details of fire-resistance-rated building elements. The 
materials of construction listed in Tables 720.1(1), 720.1(2), 
and 720.1(3) shall be assumed to have the fire-resistance rat- 
ings prescribed therein. Where materials that change the capac- 
ity for heat dissipation are incorporated into a 
fire-resistance-rated assembly, fire test results or other substan- 
1 dating data shall be made available to the commissioner to 
show that the required fire-resistance-rating time period is not 
reduced. 

720.1.1 Thickness of protective coverings. The thickness 
of fire-resistant materials required for protection of struc- 
tural members shall be not less than set forth in Table 
720.1(1), except as modified in this section. The figures 
shown shall be the net thickness of the protecting materials 
and shall not include any hollow space in back of the protec- 
tion. 

720.1.2 Unit masonry protection. Where required, metal 
ties shall be embedded in transverse joints of unit masonry 
for protection of steel columns. Such ties shall be as set forth 
in Table 720.1(1) or be equivalent thereto. 

720.1.3 Reinforcement for cast-in-place concrete col- 
umn protection. Cast-in-place concrete protection for steel 
columns shall be reinforced at the edges of such members 
with wire ties of not less than 0.18 inch (4.6 mm) in diameter 
wound spirally around the columns on a pitch of not more 
than 8 inches (203 mm) or by equivalent reinforcement. 



720.1.4 Plaster application. The finish coat is not required 
for plaster protective coatings where they comply with the 
design mix and thickness requirements of Tables 720.1(1), 
720.1(2) and 720.1(3). 

720.1.5 Bonded prestressed concrete tendons. For mem- 
bers having a single tendon or more than one tendon 
installed with equal concrete cover measured from the near- 
est surface, the cover shall not be less than that set forth in 
Table 720.1(1). For members having multiple tendons 
installed with variable concrete cover, the average tendon 
cover shall not be less than that set forth in Table 720. 1(1), 
provided: 

1. The clearance from each tendon to the nearest 
exposed surface is used to determine the average 
cover. 

2. In no case can the clear cover for individual tendons 
be less than one-half of that set forth in Table 
720.1(1). A minimum cover of 0.75 inch (19.1 mm) 
for slabs and 1 inch (25 mm) for beams is required for 
any aggregate concrete. 

3. For the purpose of establishing a fire-resistance rat- 
ing, tendons having a clear covering less than that set 
forth in Table 720. 1(1) shall not contribute more than 
50 percent of the required ultimate moment capacity 
for members less than 350 square inches (0.226 m 2 ) in 
cross-sectional area and 65 percent for larger mem- 
bers. For structural design purposes, however, ten- 
dons having a reduced cover are assumed to be fully 
effective. 



SECTION BC+ 721 
CALCULATED FIRE RESISTANCE 

721.1 General. The provisions of this section contain proce- 
dures by which the fire resistance of specific materials or com- 
binations of materials is established by calculations. These 
procedures apply only to the information contained in this sec- 
tion and shall not be otherwise used. The calculated fire resis- 
tance of concrete, concrete masonry, and clay masonry 
assemblies shall be permitted in accordance with ACI 
216.1/TMS 0216.1. The calculated fire resistance of steel 
assemblies shall be permitted in accordance with Chapter 5 of 
ASCE/SFPE 29. 

721.1.1 Definitions. The following words and terms shall, 
for the purposes of this chapter and as used elsewhere in this 
code, have the meanings shown herein. 

CERAMIC FIBER BLANKET. A mineral wool insulation 
material made of alumina-silica fibers and weighing 4 to 10 
pounds per cubic foot (pcf) (64 to 160 kg/m 3 ). 

CONCRETE, CARBONATE AGGREGATE. Concrete 
made with aggregates consisting mainly of calcium or magne- 
sium carbonate, such as limestone or dolomite, and containing 
40 percent or less quartz, chert, or flint. 

CONCRETE, CELLULAR. A lightweight insulating con- 
crete made by mixing a preformed foam with port! and cement 
slurry and having a dry unit weight of approximately 30 pcf 
(480 kg/m 3 ). 



2008 MEW YORK CITY BUILDING CODE 



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FIRE-RESISTANCE-RATED CONSTRUCTION 



TABLE 720.1 (l)-continued 

MINIMUM PROTECTION OF STRUCTURAL PARTS BASED ON TIME PERIODS 

FOR VARIOUS NONCOMBUSTIBLE INSULATING MATERIALS' 11 



STRUCTURAL 
PARTS TO BE 
PROTECTED 


ITEM 
NUMBER 


INSULATING MATERIAL USED 


MINIMUM THICKNESS OF 

INSULATING MATERIAL 

FOR THE FOLLOWING 

FIRE-RESISTANCE 

PERIODS (inches) 


4 
hour 


3 
hour 


2 
hour 


1 
hour 


1. Steel columns 
and all of 
primary trusses 
(continued) 


1-6.5 


Perlite or vermiculate gypsum plaster over one layer of 7 2 " plain full-length gypsum 
lath applied tight to column flanges. Lath tied with doubled 0.049" (No. 18 B.W. 
gage) wire ties spaced 23" on center and scratch coat wrapped with 1" hexagonal 
mesh 0.035" (No. 20 B.W. gage) wire fabric. For three-coat work, the plaster mix for 
the second coat shall not exceed 100 pounds of gypsum to 27 2 cubic feet of 
aggregate. 


— 


2 


— 


— 


1-7.1 


Multiple layers of 7 2 " gypsum wallboard c adhesively d secured to column flanges and 
successive layers. Wallboard applied without horizontal joints. Corner edges of each 
layer staggered. Wallboard layer below outer layer secured to column with doubled 
0.049" (No. 18 B.W. gage) steel wire ties spaced 15" on center. Exposed corners 
taped and treated. 


— 


— 


2 


1 


1-7.2 


Three layers of 5 / 8 " Type X gypsum wallboard. First and second layer held in place 
by 7 8 " diameter by l 3 / 8 " long ring shank nails with 5 / 16 " diameter heads spaced 24" 
on center at corners. Middle layer also secured with metal straps at mid-height and 
18" from each end, and by metal corner bead at each corner held by the metal straps. 
Third layer attached to corner bead with 1" long gypsum wallboard screws spaced 
12" on center. 


— 


— 


1% 


— 


1-7.3 


Three layers of 5 / 8 " Type X gypsum wallboard, each layer screw attached to l 5 / 8 " 
steel studs 0.018" thick (No. 25 carbon sheet steel gage) at each corner of column. 
Middle layer also secured with 0.049" (No. 18 B.W. gage) double-strand steel wire 
ties, 24" on center. Screws are No. 6 by 1" spaced 24" on center for inner layer, No. 
6 by l 5 / 8 " spaced 12"on center for middle layer and No. 8 by 2'/ 4 " spaced 12" on 
center for outer layer. 


— 


l 7 /8 


— 


— 


1-8.1 


Wood-fibered gypsum plaster mixed 1:1 by weight gypsum-to-sand aggregate 
applied over metal lath. Lath lapped 1" and tied 6" on center at all end, edges and 
spacers with 0.049" (No. 18 B.W. gage) steel tie wires. Lath applied over 7 2 " spacers 
made of 3 / 4 " furring channel with 2" legs bent around each corner. Spacers located 1" 
from top and bottom of member and a maximum of 40" on center and wire tied with 
a single strand of 0.049" (No. 18 B.W. gage) steel tie wires. Corner bead tied to the 
lath at 6" on center along each corner to provide plaster thickness. 


— 


— 


1% 


— 


2. Webs or flanges 
of 

steel beams 
and girders 


2-1.1 


Carbonate, lightweight and sand-lightweight aggregate concrete (not including 
sandstone, granite and siliceous gravel) with 3" or finer metal mesh placed 1" from 
the finished surface anchored to the top flange and providing not less than 0.025 
square inch of steel area per foot in each direction. 


2 


\% 


1 


1 


2-1.2 


Siliceous aggregate concrete and concrete excluded in Item 2-1.1 with 3" or finer 
metal mesh placed 1" from the finished surface anchored to the top flange and 
providing not less than 0.025 square inch of steel area per foot in each direction. 


2% 


2 


1V 2 


1 


2-2.1 


Cement plaster on metal lath attached to 3 / 4 " cold-rolled channels with 0.049" (No. 
18 B.W. gage) wire ties spaced 3" to 6" on center. Plaster mixed 1:2 7 2 by volume, 
cement to sand. 


— 


— 


2V 2 b 


\ 


2-3.1 


Vermiculite gypsum plaster on a metal lath cage, wire tied to 0.165" diameter (No. 8 
B.W. gage) steel wire hangers wrapped around beam and spaced 16" on center. 
Metal lath ties spaced approximately 5" on center at cage sides and bottom. 


— 


\ 


— 


— 



(continued) 



2008 NEW YORK CITY BUILDING CODE 



123 



FIRE-RESISTANCE-RATED CONSTRUCTION 



TABLE 720.1 (l)--continued 

MINIMUM PROTECTION OF STRUCTURAL PARTS BASED ON TIME PERIODS 

FOR VARIOUS NONCOMBUSTIBLE INSULATING MATERIALS" 1 



STRUCTURAL 
PARTS TO BE 
PROTECTED 


ITEM 
NUMBER 


INSULATING MATERIAL USED 


MINIMUM THICKNESS OF 

INSULATING MATERIAL 

FOR THE FOLLOWING 

FIRE-RESISTANCE 

PERIODS (inches) 


4 
hour 


3 
hour 


2 
hour 


1 

hour 


5. Reinforcing 
steel in 
reinforced 
concrete 
columns, 
beams girders 
and trusses 


5-1.1 


Carbonate, lightweight and sand-lightweight aggregate concrete, members 12" or 
larger, square or round. (Size limit does not apply to beams and girders monolithic 
with floors.) 

Siliceous aggregate concrete, members 12" or larger, square or round. (Size limit 
does not apply to beams and girders monolithic with floors.) 


1V 2 
2 


l'/ 2 
1V 2 


17 2 
17 2 


iv 2 

iv 2 


6. Reinforcing 
steel in 
reinforced 
concrete joists 1 


6-1.1 
6-1.2 


Carbonate, lightweight and sand-lightweight aggregate concrete. 
Siliceous aggregate concrete. 


1V 4 
1% 


l'/ 4 
l'/ 2 


1 
l 




7. Reinforcing and 
tie rods in floor 
and roof slabs 1 


7-1.1 
7-1.2 


Carbonate, lightweight and sand-lightweight aggregate concrete. 
Siliceous aggregate concrete. 


1 
l'/ 4 


1 
1 


3 / 4 
1 


3 U 

3 / 4 



For SI: 1 inch = 25.4 mm, 1 square inch = 645.2 mm 2 , 1 cubic foot = 0.0283 m 3 . 

a. Reentrant parts of protected members to be filled solidly. 

b. Two layers of equal thickness with a 3 / 4 -inch airspace between. 

c. For all of the construction with gypsum wallboard described in Table 720.1(1), gypsum base for veneer plaster of the same size, thickness and core type shall be 
permitted to be substituted for gypsum wallboard, provided attachment is identical to that specified for the wallboard and the joints on the face layer are reinforced, 
and the entire surface is covered with a minimum of l / 16 -inch gypsum veneer plaster. 

d. An approved adhesive qualified under ASTM E 1 19. 

e. Where lightweight or sand-lightweight concrete having an oven-dry weight of 1 10 pounds per cubic foot or less is used, the tabulated minimum cover shall be per- 
mitted to be reduced 25 percent, except that in no case shall the cover be less than 3 / 4 inch in slabs or l7 2 inches in beams or girders. 

f. For solid slabs of siliceous aggregate concrete, increase tendon cover 20 percent. 

g. Adequate provisions against spalling shall be provided by U-shaped or hooped stirrups spaced not to exceed the depth of the member with a clear cover of 1 inch, 
h. Prestressed slabs shall have a thickness not less than that required in Table 720.1(3) for the respective fire resistance time period. 

i. Fire coverage and end anchorages shall be as follows: Cover to the prestressing steel at the anchor shall be 7 2 inch greater than that required away from the anchor. 
Minimum cover to steel-bearing plate shall be 1 inch in beams and 3 / 4 inch in slabs. 

j. For beam widths between 8 inches and 1 2 inches, cover thickness shall be permitted to be determined by interpolation. 

k. Interior spans of continuous slabs, beams and girders shall be permitted to be considered restrained. 

1. For use with concrete slabs having a comparable fire endurance where members are framed into the structure in such a manner as to provide equivalent perfor- 
mance to that of monolithic concrete construction. 

m. Generic fire-resistance ratings (those not designated as PROPRIETARY* in the listing) in GA 600 shall be accepted as if herein listed. 



2008 NEW YORK CITY BUILDING CODE 



125 



FIRE-RESISTANCE-RATED CONSTRUCTION 



TABLE 720.1(2)— continued 
RATED FSRE-RESISTANCE PERIODS FOR VARIOUS WALLS AND PARTITIONS a ^ 



MATERIAL 


ITEM 
NUMBER 


CONSTRUCTION 


MINIMUM FINISHED 

THICKNESS 

FACE-TO-FACE b 

(inches) 


4 hour 


3 hour 


2 hour 


1 hour 


6. Solid gypsum 
plaster 


6-1.1 


3 / 4 " by 0.055" (No. 16 carbon sheet steel gage) vertical cold-rolled channels, 16" 
on center with 2.6-pound flat metal lath applied to one face and tied with 0.049" 
(No. 18 B.W. Gage) wire at 6" spacing. Gypsum plaster each side mixed 1:2 by 
weight, gypsum to sand aggregate. 


— 


— 


— 


2 d 


6-1.2 


3 / 4 " by 0.055" (No. 16 carbon sheet steel gage) cold-rolled channels 16" on center 
with metal lath applied to one face and tied with 0.049" (No. 18 B.W. gage) wire 
at 6" spacing. Perlite or vermiculite gypsum plaster each side. For three-coat 
work, the plaster mix for the second coat shall not exceed 100 pounds of gypsum 
to 27 2 cubic feet of aggregate for the 1-hour system. 


— 


— 


27 2 d 


2 d 


6-1.3 


3 / 4 " by 0.055" (No. 16 carbon sheet steel gage) vertical cold-rolled channels, 16" 
on center with 3 / 8 "gypsum lath applied to one face and attached with sheet metal 
clips. Gypsum plaster each side mixed 1:2 by weight, gypsum to sand aggregate. 


— 


— 


— 


2 d 


6-2.1 


Studless with 7 2 " full-length plain gypsum lath and gypsum plaster each side. 
Plaster mixed 1:1 for scratch coat and 1:2 for brown coat, by weight, gypsum to 
sand aggregate. 


— 


— 


— 


2 d 


6-2.2 


Studless with 7 2 " full-length plain gypsum lath and perlite or vermiculite gypsum 
plaster each side. 


— 


— 


27 2 d 


2 d 


6-2.3 


Studless partition with 3 / 8 " rib metal lath installed vertically adjacent edges tied 
6" on center with No. 1 8 gage wire ties, gypsum plaster each side mixed 1 :2 by 
weight, gypsum to sand aggregate. 


— 


— 


— 


2 d 


7. Solid perlite 
and portland 
cement 


7-1.1 


Perlite mixed in the ratio of 3 cubic feet to 100 pounds of portland cement and 
machine applied to stud side of 1 7 2 " mesh by 0.058-inch (No. 17 B.W. gage) 
paper-backed woven wire fabric lath wire-tied to 4" -deep steel trussed wire j studs 
16" on center. Wire ties of 0.049" (No. 18 B.W. gage) galvanized steel wire 6" on 
center vertically. 


— - 


-— 


3V 


— 


8. Solid neat wood 
fibered gypsum 
plaster 


8-1.1 


3 / 4 " by 0.055-inch (No. 16 carbon sheet steel gage) cold-rolled channels, 12" on 
center with 2.5-pound flat metal lath applied to one face and tied with 0.049" 
(No. 18 B.W. gage) wire at 6" spacing. Neat gypsum plaster applied each side. 


___ 


— 


2 d 


— 


9. Solid wallboard 
partition 


9-1.1 


One full-length layer 7 2 " Type X gypsum wallboard 6 laminated to each side of 1" 
full-length V-edge gypsum coreboard with approved laminating compound. 
Vertical joints of face layer and coreboard staggered at least 3". 


— 


— 


2 d 


— 


10. Hollow 
(studless) 
gypsum 
wallboard 
partition 


10-1.1 


One full-length layer of 5 / 8 " Type X gypsum wallboard e attached to both sides of 
wood or metal top and bottom runners laminated to each side of 1" x 6" 
full-length gypsum coreboard ribs spaced 24" on center with approved laminating 
compound. Ribs centered at vertical joints of face plies and joints staggered 24" 
in opposing faces. Ribs may be recessed 6" from the top and bottom. 


— 


— 


— 


27 4 d 


10-1.2 


1" regular gypsum V-edge full-length backing board attached to both sides of 
wood or metal top and bottom runners with nails or l 5 / 8 " dry wall screws at 24" 
on center. Minimum width of rumors l 5 / 8 ". Face layer of 7 2 " regular full-length 
gypsum wallboard laminated to outer faces of backing board with approved 
laminating compound. 


— 


— 


4V 


— 



(continued) 



2008 NEW YORK CITY BUILDING CODE 



127 



FIRE-RESSSTANCE-RATED CONSTRUCTION 



TABLE 720.1 (2)—continued 
RATED FIRE-RESISTANCE PERIODS FOR VARIOUS WALLS AND PARTITIONS aop 



MATERIAL 


ITEM 
NUMBER 


CONSTRUCTION 


MINIMUM RNISHED 

THICKNESS FACE-TO-FACE b 

(inches) 


4 hour 


3 hour 


2 hour 


1 hour 


H.Wood 

studs — interior 
partition with 
gypsum 
wallboard each 
side 


14-1. l h « m 


2" x 4" wood studs 16" on center with two layers of 3 / 8 " regular gypsum 
wallboard e each side, 4d cooler 11 or wallboard 11 nails at 8" on center first layer, 5d 
cooler" or wallboard" nails at 8" on center second layer with laminating 
compound between layers, joints staggered. First layer applied full length 
vertically, second layer applied horizontally or vertically 


— 


— 


— 


5 


14-1. 2 1 '™ 


2" x 4" wood studs 16" on center with two layers V 2 " regular gypsum wallboard e 
applied vertically or horizontally each side k , joints staggered. Nail base layer 
with 5d cooler" or wallboard" nails at 8" on center face layer with 8d cooler" or 
wallboard" nails at 8" on center. 


— 


— 


— 


5V 2 


14-1.3''™ 


2" x 4" wood studs 24" on center with 5 / g " Type X gypsum wallboard applied 
vertically or horizontally nailed with 6d cooler" or wallboard" nails at 1" on 
center with end joints on nailing members. Stagger joints each side. 


— 


— 


— 


4 3 / 4 


14-1.4 1 . 


2" x 4" fire-retardant-treated wood studs spaced 24" on center with one layer of 
5 / 8 " Type X gypsum wallboard 6 applied with face paper grain (long dimension) 
parallel to studs. Wallboard attached with 6d cooler" or wallboard" nails at 7" on 
center. 


— 


— 


— 


4 3 / 4 d 


14-1.5 , ' m 


2" x 4" wood studs 16" on center with two layers V 8 " Type X gypsum 
wallboard e each side. Base layers applied vertically and nailed with 6d cooler" 
or wallboard" nails at 9" on center. Face layer applied vertically or horizontally 
and nailed with 8d cooler" or wallboard" nails at 7" on center. For nail-adhesive 
application, base layers are nailed 6" on center. Face layers applied with coating 
of approved wallboard adhesive and nailed 12" on center. 


— 


— 


6 


— 


14-1.6 1 


2" x 3" fire-retardant-treated wood studs spaced 24" on center with one layer of 
5 / 8 " Type X gypsum wallboard 6 applied with face paper grain (long dimension) 
at right angles to studs. Wallboard attached with 6d cement-coated box nails 
spaced 7" on center. 


— 


_ 


— 


3-V 8 d 


15. Exterior or 
interior walls 


15-1. l lm 


Exterior surface with 3 / 4 " drop siding over l / 2 " gypsum sheathing on 2" x 4" 
wood studs at 16" on center, interior surface treatment as required for 
1 -hour-rated exterior or interior 2" x 4" wood stud partitions. Gypsum sheathing 
nailed with l 3 / 4 " by No. 1 1 gage by 7 / J6 " head galvanized nails at 8" on center. 
Siding nailed with 7d galvanized smooth box nails. 


— 


— 


— 


Varies 


15-1.2 im 


2" x 4" wood studs 16" on center with metal lath and 3 / 4 " cement plaster on each 
side. Lath attached with 6d common nails 7" on center driven to 1" minimum 
penetration and bent over. Plaster mix 1:4 for scratch coat and 1:5 for brown 
coat, by volume, cement to sand. 


— 


— 


— 


5% 


15-1. 3 ] ' m 


2" x 4" wood studs 1 6" on center with 7 / 8 " cement plaster (measured from the 
face of studs) on the exterior surface with interior surface treatment as required 
for interior wood stud partitions in this table. Plaster mix 1:4 for scratch coat and 
1:5 for brown coat, by volume, cement to sand. 


— 


— 


— 


Varies 


15-1.4 


3 5 / 8 " No. 16 gage noncombustible studs 16" on center with 7 / 8 " cement plaster 
(measured from the face of the studs) on the exterior surface with interior 
surface treatment as required for interior, nonbearing, noncombustible stud 
partitions in this table. Plaster mix 1:4 for scratch coat and 1:5 for brown coat, 
| by volume, cement to sand. 


— 


— 


— 


Varies d 



(continued) 



2008 NEW YORK CITY BUILDING CODE 



129 



FiRE-RESISTANCE-RATED CONSTRUCTION 



TABLE 720.1(2)— continued 
RATED FIRE-RESISTANCE PERIODS FOR VARIOUS WALLS AND PARTITIONS ao p 



MATERIAL 



15. Exterior or 
interior walls 
(continued) 



ITEM 
NUMBER 



15-1.9 



15-1.10 



15-1.11 



15-1. 12« 



CONSTRUCTION 



4" No. 18 gage, nonload-bearing metal studs, 16" on center, with 1" portland 
cement lime plaster [measured from the back side of the 3 / 4 -pound expanded 
metal lath] on the exterior surface. Interior surface to be covered with 1 " of 
gypsum plaster on %-pound expanded metal lath proportioned by weight — 1:2 
for scratch coat, 1:3 for brown, gypsum to sand. Lath on one side of the partition 
fastened to 7/ diameter pencil rods supported by No. 20 gage metal clips, 
located 16" on center vertically, on each stud. 3" thick mineral fiber insulating 
batts friction fitted between the studs. 



Steel studs 0.060" thick, 4" deep or 6" at 16" or 24" centers, with 7/ Glass Fiber 
Reinforced Concrete (GFRC) on the exterior surface. GFRC is attached with flex 
anchors at 24" on center, with 5" leg welded to studs with two 7/-long 
flare-bevel welds, and 4" foot attached to the GFRC skin with 5 / 8 " thick GFRC 
bonding pads that extend 27/ beyond the flex anchor foot on both sides. Interior 
surface to have two layers of 7/ Type X gypsum wallboard. e The first layer of 
wallboard to be attached with l"-long Type S buglehead screws spaced 24" on 
center and the second layer is attached with l 5 / 8 "-long Type S screws spaced at 
12" on center. Cavity is to be filled with 5" of 4 pcf (nominal) mineral fiber batts. 
GFRC has 1 7/ returns packed with mineral fiber and caulked on the exterior. 



Steel studs 0.060" thick, 4" deep or 6" at 16" or 24" centers, respectively, with 
7 2 " Glass Fiber Reinforced Concrete (GFRC) on the exterior surface. GFRC is 
attached with flex anchors at 24" on center, with 5" leg welded to studs with two 
7 2 "-long flare-bevel welds, and 4" foot attached to the GFRC skin with V/-thick 
GFRC bonding pads that extend 27/ beyond the flex anchor foot on both sides. 
Interior surface to have one layer of 5 / 8 " Type X gypsum wallboard 6 , attached 
with l7/-long Type S buglehead screws spaced 12" on center. Cavity is to be 
filled with 5" of 4 pcf (nominal) mineral fiber batts. GFRC has 1 7 2 " returns 
packed with mineral fi ber and ca ulked o n the exterior. 



15-1.13** 



15-1. 14" 



15-1. IS** 



2" x 6" wood studs at 16" with double top plates, single bottom plate; interior and 
exterior sides covered with 5 / 8 " Type X gypsum wallboard, 4' wide, applied 
horizontally or vertically with vertical joints over studs, and fastened with 27 4 " 
Type S dry wall screw s, spac ed 12" on center. 



2" x 6" wood studs at 16" with double top plates, single bottom plate; interior and 
exterior sides covered with 5 / 8 " Type X gypsum wallboard, 4' wide, applied 
horizontally or vertically with vertical joints over studs, and fastened with 27/ 
Type S dry wall screws, spaced 7" on center. Cavity to be filled with 57 2 " mineral 
wool insulation minimum 2.58 pcf (nominal). ; 



2" x 4" wood studs at 16" with double top plates, single bottom plate; interior and 
exterior sides covered with 5 / 8 " Type X gypsum wallboard and sheathing, 
respectively, 4' wide, applied horizontally or vertically with vertical joints over 
studs, and fastened with 27/ Type S dry wall screws, spaced 12" on center. 
Cavity to be filled with 3 7/ mineral wo ol ins ulatio n. 



MINIMUM FINISHED 

THICKNESS FACE-TO-FACE b 

(inches) 



4 hour 3 hour 2 hour 1 hour 



67, 



67, 



6V d 



2" x 6" wood studs at 24" centers with double top plates, single bottom plate; 
interior and exterior side covered with two layers of 5 / 8 " Type X gypsum 
wallboard, 4' wide, applied horizontally with vertical joints over studs. Base layer 
fastened with 27/ Type S dry wall screws, spaced 24" on center, and face layer 
fastened with Type S drywall screws, spaced 8" on center, wallboard joints 
covered with paper tape and joint compound, fastened heads covered with joint 
compound. Cavity to be filled with 57/ mineral wool insu lation. 



TL 



6-7 4 



4 3 / 4 



(continued) 



2008 NEW YORK CITY BUILDING CODE 



131 



FIRE-RESISTANCE-RATED CONSTRUCTION 





TABLE 720.1(3) 
MINIMUM PROTECTION FOR FLOOR AND ROOF SYSTEMS 3 ' 


i 














FLOOR OR ROOF 
CONSTRUCTION 


ITEM 
NUMBER 


CEILING CONSTRUCTION 


THICKNESS OF FLOOR 

OR ROOF SLAB 

(inches) 


MINIMUM THICKNESS 

OF CEILING 

(inches) 


4 
hour 


3 
hour 


2 

hour 


1 

hour 


4 
hour 


3 
hour 


2 

hour 


1 

hour 


1. Siliceous 

aggregate concrete 


1-1.1 


Slab (no ceiling required). Minimum cover over 
nonprestressed reinforcement shall not be less than 
V 4 mch. b 


7.0 


6.2 


5.0 


3.5 


— 


— 


— 


— 


2. Carbonate 

aggregate concrete 


2-1.1 


6.6 


5.7 


4.6 


3.2 


— 


— 


— 


— 


3. Sand-lightweight concrete 


3-1.1 


5.4 


4.6 


3.8 


2.7 


— 


— 


— 


— 


4. Lightweight concrete 


4-1.1 


5.1 


4.4 


3.6 


2.5 


— 


— 


— 


— 


5. Reinforced 
concrete 


5-1.1 


Slab with suspended ceiling of vermiculite gypsum 
plaster over metal lath attached to 3 / 4 " cold-rolled 
channels spaced 12" on center. Ceiling located 6" 
minimum below joists. 


3 


2 


— 


— 


1 


% 


— 


— 


5-2.1 


3 / 8 " Type X gypsum wallboard attached to 0.018 
inch (No. 25 carbon sheet steel gage) by 1 l{ deep by 
2 5 / 8 " hat-shaped galvanized steel channels with 
lMong No. 6 screws. The channels are spaced 24" 
on center, span 35" and are supported along their 
length at 35" intervals by 0.033-inch (No. 21 
galvanized sheet gage) galvanized steel flat strap 
hangers having formed edges that engage the lips of 
the channel. The strap hangers are attached to the 
side of the concrete joists with 5 / 32 " by 1 7 4 " long 
power-driven fasteners. The wallboard is installed 
with the long dimension perpendicular to the 
channels. All end joints occur on channels and 
supplementary channels are installed parallel to the 
main channels, 12" each side, at end joint 
occurrences. The finished ceiling is located 
approximately 12" below the soffit of the floor slab. 


— 


— 


27, 


__ 


— 


— 


% 


— 


6. Steel joists constructed with 
a poured reinforced 
concrete slab on metal lath 
forms or steel form units d ' e 


6-1.1 


Gypsum plaster on metal lath attached to the bottom 
cord with single No. 16 gage or doubled No. 18 
gage wire ties spaced 6" on center. Plaster mixed 1:2 
for scratch coat, 1:3 for brown coat, by weight, 
gypsum-to-sand aggregate for 2-hour system. For 
3-hour system plaster is neat. 


— 


— 


27 2 


27 4 


— 


— 


3 U 


% 


6-2.1 


Vermiculite gypsum plaster on metal lath attached to 
the bottom chord with single No. 16 gage or doubled 
0.049-inch (No. 18 B.W. gage) wire ties 6" on center. 


— 


2 


— 


— 


— 


% 


— 


— 


6-3.1 


Cement plaster over metal lath attached to the 
bottom chord of joists with single No. 16 gage or 
doubled 0.049-inch (No. 18 B.W. gage) wire ties 
spaced 6" on center. Plaster mixed 1 :2 for scratch 
coat, 1:3 for brown coat for 1-hour system and 1:1 
for scratch coat, 1:1 7 2 for brown coat for 2-hour 
system, by weight, cement to sand. 


— 


— 


— 


2 


— 


— 


— 


V 


6-4.1 


Ceiling of 5 / 8 " Type X wallboard attached to 7 / 8 " 
deep by 2 5 / 8 " by 0.021 inch (No. 25 carbon sheet 
steel gage) hat-shaped furring channels 12" on 
center with 1" long No. 6 wallboard screws at 8" on 
center. Channels wire tied to bottom chord of joists 
with doubled 0.049 inch (No. 18 B.W. gage) wire or 
suspended below joists on wire hangers. g 


— 


_ 


27 2 


— 


— 


— 


5 / 8 


— 


6-5.1 


Wood-fibered gypsum plaster mixed 1:1 by weight 
gypsum to sand aggregate applied over metal lath. 
Lath tied 6" on center to 3 / 4 " channels spaced 137 2 " 
on center. Channels secured to joists at each 
intersection with two strands of 0.049 inch (No. 18 
B.W. gage) galvanized wire. 


_ 


— 


27 2 


— 


__ 


— 


3 / 4 


— 



(continued) 



2008 NEW YORK CITY BUILDING CODE 



133 



FIRE-RESISTANCE-RATED CONSTRUCTION 



TABLE 720.1(3)— continued 
MINIMUM PROTECTION FOR FLOOR AND ROOF SYSTEMS 3 * 



FLOOR OR ROOF 
CONSTRUCTION 



12. 1 V 2 " deep steel roof deck 
on steel-framing insulation 
of rigid board consisting of 
expanded perlite and fibers 
impregnated with integral 
asphalt waterproofing; 
density 9 to 12 pcf secured 
to metal roof deck by l / 2 " 
wide ribbons of waterproof, 
cold-process liquid 
adhesive spaced 6" apart. 
Steel joist or light steel 
construction with metal 
roof deck, insulation, and 
Class A or B built-up roof 
covering. e 



THICKNESS OF FLOOR 

OR ROOF SLAB 

(inches) 



ITEM 
NUMBER 



13. Double wood floor over 
wood joists spaced 16" on 
center." 1 ' 11 



12-1.1 



CEILING CONSTRUCTION 



4 
hour 



Gypsum- vermiculite plaster on metal lath wire tied 
at 6" intervals to 3 / 4 " furring channels spaced 12" on 
center and wire tied to 2" runner channels spaced 
32" on center. Runners wire tied to bottom chord of 
steel joists. 



13-1.1 



14. Plywood stressed skin 
panels consisting of 
5 / 8 "-thick interior C-D 
(exterior glue) top stressed 
skin on 2" x 6"nominal 
(minimum) stringers. 
Adjacent panel edges 
joined with 8d common 
wire nails spaced 6" on 
center. Stringers spaced 12" 
maximum on center. 



Gypsum plaster over 3 / 8 " Type X gypsum lath. Lath 
initially applied with not less than four 1 7 8 " by No. 
13 gage by 19 / 64 " head plasterboard blued nails per 
bearing. Continuous stripping over lath along all 
joist lines. Stripping consists of 3" wide strips of 
metal lath attached by 1 7 2 " by No. 1 1 gage by 7 2 " 
head roofing nails spaced 6" on center. Alternate 
stripping consists of 3" wide 0.049" diameter wire 
stripping weighing 1 pound per square yard and 
attached by No. 16 gage by 1 1 / 2 " by 3 / 4 " crown width 
staples, spaced 4" on center. Where alternate 
stripping is used, the lath nailing may consist of two 
nails at each end and one nail at each intermediate 
bearing. Plaster mixed 1:2 by weight, 
gy psum-to - sand aggregate. 



3 
hour 



2 
hour 



1 
hour 



MINIMUM THICKNESS 

OF CEILING 

(inches) 



4 
hour 



13-1.2 



Cement or gypsum plaster on metal lath. Lath 
fastened with 1 7 2 " by No. 1 1 gage by 7 / 16 " head 
barbed shank roofing nails spaced 5" on center. 
Plaster mixed 1:2 for scratch coat and 1:3 for brown 
coat, by weight, cement to sand aggregate. 



13-1.3 



Perlite or vermiculite gypsum plaster on metal lath 
secured to joists with l ! / 2 " by No. 11 gage by 7 / 16 " 
head barbed shank roofi ng nails spaced 5" on center. 



13-1.4 



14-1.1 



7 2 " Type X gypsum wallboard c nailed to joists with 
5d cooler or wallboard nails at 6" on center. End 
joints of wallboard centered on joists. 



V 2 " -thick wood fiberboard weighing 15 to 18 
pounds per cubic foot installed with long dimension 
parallel to stringers or 3 / 8 " C-D (exterior glue) 
plywood glued and/or nailed to stringers. Nailing to 
be with 5d cooler or wallboard nails at 12" on 
center. Second layer of V 2 " Type X gypsum 
wallboard applied with long dimension 
perpendicular to joists and attached with 8d cooler 
or wallboard nails at 6" on center at end joints and 
8" on center elsewhere. Wallboard joints staggered 
with respect to fiberboard joints. 



3 
hour 



2 
hour 



1 
hour 



(continued) 



2008 NEW YORK CITY BUILDING CODE 



135 



FIRE-RESISTANCE-RATED CONSTRUCTION 



TABLE 720.1(3)— continued 
MINIMUM PROTECTION FOR FLOOR AND ROOF SYSTEMS 3 * 



FLOOR OR ROOF 
CONSTRUCTION 



19. Floor and beam 

construction consisting 
of 3 "-deep cellular steel 
floor unit mounted on 
steel members with 1 :4 
(proportion of portland 
cement to perlite 
aggregate) 

perlite-concrete floor 
slab on top. 



20. Perlite concrete 
proportioned 1:6 
(portland cement to 
perlite aggregate) 
poured to '/ 8 -inch 
thickness above top of 
corrugations of 
l 5 / 16 "-deep galvanized 
steel deck maximum 
span 8'-0" for 
0.024-inch (No. 24 
galvanized sheet gage) 
or 6' 0" for 0.019-inch 
(No. 26 galvanized 
sheet gage) with deck 
supported by 
individually protected 
steel framing. Approved 
polystyrene foam 
plastic insulation board 
having a flame spread 
not exceeding 75 (1" to 
4" thickness) with vent 
holes that approximate 
3 percent of the board 
surface area placed on 
top of perlite slurry. A 
T by 4' insulation board 
contains six 2 3 / 4 " 
diameter holes. Board 
covered with 27 4 " 
minimum perlite 
concrete slab. 



ITEM 
NUMBER 



19-1.1 



20-1.1 



CEILING CONSTRUCTION 



Suspended envelope ceiling of perlite 
gypsum plaster on metal lath attached to 
3 / 4 " cold-rolled channels, secured to 1 , / 2 ' r 
cold-rolled channels spaced 42" on center 
supported by 0.203 inch (No. 6 B.W. gage) 
wire 36" on center. Beams in envelope with 
3" minimum airspace between beam soffit 
and lath have a 4-hour rating. 



None 



THICKNESS OF FLOOR OR 

ROOF SLAB 
(inches) 



4 hour 3 hour 2 hour 1 hour 



2P 



Varies 



MINIMUM THICKNESS 

OF CEILING 

(inches) 



4 hour 3 hour 2 hour 1 hour 



(continued) 



2008 NEW YORK CITY BUILDING CODE 



137 



FIRE-RESISTANCE-RATED CONSTRUCTION 



Table 720.1(3) Notes. 

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound = 0.454 kg, 1 cubic foot = 0.0283m 3 , 
1 pound per square inch = 6.895 kPa = 1 pound per lineal foot = 1.4882 kg/m. 

a. Staples with equivalent holding power and penetration shall be permitted to be used as alternate fasteners to nails for attachment to wood framing. 

b. When the slab is in an unrestrained condition, minimum reinforcement cover shall not be less than 1 5 /„ inches for 4-hour (siliceous aggregate only); 1 7 4 inches for 
4- and 3-hour; 1 inch for 2-hour (siliceous aggregate only); and 3 / 4 inch for all other restrained and unrestrained conditions. 

c For all of the construction with gypsum wallboard described in this table, gypsum base for veneer plaster of the same size, thickness and core type shall be permit- 
ted to be substituted for gypsum wallboard, provided attachment is identical to that specified for the wallboard, and the joints on the face layer are reinforced and 
the entire surface is covered with a minimum of 7 ]6 -inch gypsum veneer plaster. 

d. Slab thickness over steel joists measured at the joists for metal lath form and at the top of the form for steel form units. 

e. (a) The maximum allowable stress level for H-Series joists shall not exceed 22,000 psi. 

(b) The allowable stress for K-Series joists shall not exceed 26,000 psi, the nominal depth of such joist shall not be less than 10 inches and the nominal joist weight 
shall not be less than 5 pounds per lineal foot. 

f. Cement plaster with 15 pounds of hydrated lime and 3 pounds of approved additives or admixtures per bag of cement. 

g. Gypsum wallboard ceilings attached to steel framing shall be permitted to be suspended with 1 7 2 -inch cold-formed carrying channels spaced 48 inches on center, 
which are suspended with No. 8 SWG galvanized wire hangers spaced 48 inches on center. Cross-furring channels are tied to the carrying channels with No. 18 
SWG galvanized wire hangers spaced 48 inches on center. Cross-furring channels are tied to the carrying channels with No. 18 SWG galvanized wire (double 
strand) & and spaced as required for direct attachment to the framing. This alternative is also applicable to those steel framing assemblies recognized under 
Note q. 

h. Six-inch hollow clay tile with 2-inch concrete slab above. 

i. Four-inch hollow clay tile with 1 l / 2 -inch concrete slab above. 

j. Thickness measured to bottom of steel form units. 

k. Five-eighths inch of vermiculite gypsum plaster plus l / 2 inch of approved vermiculite acoustical plastic. 

1. Furring channels spaced 12 inches on center. 

m. Double wood floor shall be permitted to be either of the following: 

(a) Subfloor of 1-inch nominal boarding, a layer of asbestos paper weighing not less than 14 pounds per 100 square feet and a layer of 1-inch nominal 
tongue-and-groove finished flooring; or 

(b) Subfloor of 1-inch nominal tongue-and-groove boarding or '% 2 -inch wood structural panels with exterior glue and a layer of 1-inch nominal 
tongue-and-groove finished flooring or !9 / 32 -inch wood structural panel finish flooring or a layer of Type I Grade M- 1 particleboard not less than %-inch thick. 

n. The ceiling shall be permitted to be omitted over unusable space, and flooring shall be permitted to be omitted where unusable space occurs above. 

o. For properties of cooler or wallboard nails, see ASTM C 514, ASTM C 547 or ASTM F 1667. 

p. Thickness measured on top of steel deck unit. 

q. Generic fire-resistance ratings (those not designated as PROPRIETARY* in the listing) in the GA 600 shall be accepted as if herein listed. 



CONCRETE, LIGHTWEIGHT AGGREGATE. Concrete 
made with aggregates of expanded clay, shale, slag or slate or 
sintered fly ash or any natural lightweight aggregate meeting 
ASTM C 330 and possessing equivalent fire-resistance proper- 
ties and weighing 85 to 115 pcf (1360 to 1840 kg/m 3 ). 

CONCRETE, PERLITE. A lightweight insulating concrete 
having a dry unit weight of approximately 30 pcf (480 kg/m 3 ) 
made with perlite concrete aggregate. Perlite aggregate is pro- 
duced from a volcanic rock which, when heated, expands to 
form a glass-like material of cellular structure. 

CONCRETE, SAND-LIGHTWEIGHT. Concrete made 
with a combination of expanded clay, shale, slag, slate, sintered 
fly ash, or any natural lightweight aggregate meeting ASTM C 
330 and possessing equivalent fire-resistance properties and 
natural sand. Its unit weight is generally between 105 and 120 
pcf (1680 and 1920 kg/m 3 ). 

CONCRETE, SILICEOUS AGGREGATE. Concrete made 
with normal-weight aggregates consisting mainly of silica or 
compounds other than calcium or magnesium carbonate, 
which contains more than 40-percent quartz, chert, or flint. 

CONCRETE, VERMICULITE. A lightweight insulating 
concrete made with vermiculite concrete aggregate which is 
laminated micaceous material produced by expanding the ore 
at high temperatures. When added to a portland cement slurry 



the resulting concrete has a dry unit weight of approximately 
30 pcf (480 kg/m 3 ). 

GLASS FIBERBOARD. Fibrous glass roof insulation con- 
sisting of inorganic glass fibers formed into rigid boards using 
a binder. The board has a top surface faced with asphalt and 
kraft reinforced with glass fiber. 

MINERAL BOARD. A rigid felted thermal insulation board 
consisting of either felted mineral fiber or cellular beads of 
expanded aggregate formed into flat rectangular units. 

721.2 Concrete assemblies. The provisions of this section 
contain procedures by which the fire-resistance ratings of con- 
crete assemblies are established by calculations. 

721.2.1 Concrete walls. Cast-in-place and precast concrete 
walls shall comply with Section 721.2.1.1. Multiwythe con- 
crete walls shall comply with Section 721.2.1.2. Joints 
between precast panels shall comply with Section 
721.2.1.3. Concrete walls with gypsum wallboard or plaster 
finish shall comply with Section 721.2.1 .4. 

721.2.1.1 Cast-in-place or precast walls. The mini- 
mum equivalent thickness of cast-in-place or precast 
concrete walls for fire-resistance ratings of 1 hour to 4 
hours are shown in Table 721.2.1.1. For solid walls with 
flat vertical surfaces, the equivalent thickness is the same 
as the actual thickness. The values in Table 721.2.1.1 
apply to plain, reinforced or prestressed concrete walls. 



2008 NEW YORK CITY BUILDING CODE 



139 



FIRE-RESISTANCE-RATED CONSTRUCTION 



721.2.13 Joints between precast wall panels. Joints 
between precast concrete wall panels which are not insu- 
lated as required by this section shall be considered as 
openings in walls. Uninsulated joints shall be included in 
determining the percentage of openings permitted by 
Table 704.8. Where openings are not permitted or are 
required by this code to be protected, the provisions of 
this section shall be used to determine the amount of joint 
insulation required. Insulated joints shall not be consid- 
ered openings for purposes of determining compliance 
with the allowable percentage of openings in Table 
704.8. 

721.2.1.3.1 Ceramic fiber joint protection. Figure 
721.2.1.3.1 shows thicknesses of ceramic fiber blan- 
kets to be used to insulate joints between precast con- 
crete wall panels for various panel thicknesses and for 
joint widths of 3 / 8 inch (9.5 mm) and 1 inch (25 mm) 



for fire-resistance ratings of 1 hour to 4 hours. For 
joint widths between 3 / 8 inch (9.5 mm) and 1 inch (25 
mm), the thickness of ceramic fiber blanket is allowed 
to be determined by direct interpolation. Other tested 
and labeled materials are acceptable in place of 
ceramic fiber blankets. 

721.2.1.4 Wails with gypsum wallboard or plaster fin- 
ishes. The fire-resistance rating of cast-in-place or pre- 
cast concrete walls with finishes of gypsum wallboard or 
plaster applied to one or both sides shall be permitted to 
be calculated in accordance with the provisions of this 
section. 

721.2.1.4.1 Nonfire-exposed side. Where the finish 
of gypsum wallboard or plaster is applied to the side 
of the wall not exposed to fire, the contribution of the 
finish to the total fire-resistance rating shall be deter- 
mined as follows: The thickness of the finish shall 









TABLE 721.2.1.2(1) 
VALUES OF fl n 059 FOR USE IN EQUATION 7-4 










TYPE OF MATERIAL 


THICKNESS OF MATERIAL (inches) 


1% 


2 


2V 2 


3 


3 1 / 2 


4 


4V 2 


5 


5% 


6 


6V 2 


7 


Siliceous aggregate 
concrete 


5.3 


6.5 


8.1 


9.5 


11.3 


13.0 


14.9 


16.9 


18.8 


20.7 


22.8 


25.1 


Carbonate aggregate 
concrete 


5.5 


7.1 


8.9 


10.4 


12.0 


14.0 


16.2 


18.1 


20.3 


21.9 


24.7 


27. 2 C 


Sand-lightweight 
concrete 


6.5 


8.2 


10.5 


12.8 


15.5 


18.1 


20.7 


23.3 


26.0 C 


Notec 


Note c 


Notec 


Lightweight concrete 


6.6 


8.8 


11.2 


13.7 


16.5 


19.1 


21.9 


24.7 


27.8 C 


Notec 


Note c 


Notec 


Insulating concrete* 


9.3 


13.3 


16.6 


18.3 


23.1 


26.5 C 


Notec 


Note c 


Note c 


Notec 


Notec 


Note c 


Airspace b 



























For SI: 1 inch = 25.4 mm, 1 pound per cubic foot = 16.02 kgAn 3 . 

a. Dry unit weight of 35 pcf or less and consisting of cellular, perlite or vermiculite concrete. 

b. The R n 059 value for one L / 2 " to 3 V 2 " airspace is 3.3. The R n - 59 value for two V 2 " to 3 V 2 " airspaces is 6.7. 

c. The fire-resistance rating for this thickness exceeds 4 hours. 



1 IN( 


\ 
\ 


•JTWID1 


■H \ 


\ 


\ 

\ 




l\ 




\ 




^ 








% 


4JJL. 


Vv 







3 4 5 6 7 8 

PANEL THICKNESS, INCHES 




O 

Z 



LU 
DO 

o 



o 

(/} 
w 
m 

z 

o 

I 



1 INCH MAXIMUM REGARDLESS 
OF OPENING RATING 



-CERAMIC FIBER 
BLANKET 




3 4 5 6 7 8 

PANEL THICKNESS, INCHES 



CARBONATE OR 

■ SILICEOUS AGGREGATE 

CONCRETE 

SAND-LIGHTWEIGHT 
- OR LIGHTWEIGHT 
CONCRETE 



For SI: i inch = 25.4 ram. 



FIGURE 721.2.1.3.1 
CERAMIC FIBER JOINT PROTECTION 



2008 NEW YORK CITY BUILDING CODE 



141 



FIRE-RESISTANCE-RATED CONSTRUCTION 



TABLE 721.2.2.1 
MINIMUM SLAB THICKNESS (inches) 



CONCRETE TYPE 


FIRE-RESISTANCE RATING (hour) 


1 


1V 2 


2 


3 


4 


Siliceous 


3.5 


4.3 


5.0 


6.2 


7.0 


Carbonate 


3.2 


4.0 


4.6 


5.7 


6.6 


Sand-lightweight 


2.7 


3.3 


3.8 


4.6 


5.4 


Lightweight 


2.5 


3.1 


3.6 


4.4 


5.1 



For SI: 1 inch = 25.4 mm. 



721.2.2.1.1 Hollow-core prestressed slabs. For hol- 
low-core prestressed concrete slabs in which the cores 
are of constant cross section throughout the length, 
the equivalent thickness shall be permitted to be 
obtained by dividing the net cross -sectional area of 
the slab including grout in the joints, by its width. 

721.2.2.1.2 Slabs with sloping soffits. The thickness 
of slabs with sloping soffits (see Figure 721.2.2.1.2) 
shall be determined at a distance It or 6 inches (152 
mm), whichever is less, from the point of minimum 
thickness, where t is the minimum thickness. 



DETERMINE THICKNESS HERE 




2f OR 6 INCHES, 
WHICHEVER IS LESS 



For SI: 1 inch = 25.4 mm. 



FIGURE 721.2.2.1.2 

DETERMINATION OF SLAB THICKNESS 

FOR SLOPING SOFFITS 

721.2.2.1.3 Slabs with ribbed soffits. The thickness 
of slabs with ribbed or undulating soffits (see Figure 
72 1 .2.2. 1 .3) shall be determined by one of the follow- 
ing expressions, whichever is applicable: 

For s > At, the thickness to be used shall be t 

For s < 2t, the thickness to be used shall be t e 

For At > s > 2f, the thickness to be used shall be 



f + 



4r 
s 



-1 



-t 



(Equation 7-5) 



where: 

s - Spacing of ribs or undulations. 



t 



L = 



Minimum thickness. 



= Equivalent thickness of the slab calculated as 
the net area of the slab divided by the width, in 
which the maximum thickness used in the cal- 
culation shall not exceed It. 




NEGLECT SHADED AREA IN CALCULATION OF EQUIVALENT TOICKNES5 




For SI: 1 inch = 25.4 mm. 

FIGURE 721.2.2.1.3 
SLABS WITH RIBBED OR UNDULATING SOFFITS 



721.2.2.2 Multicourse floors. The fire-resistance rat- 
ings of floors that consist of a base slab of concrete with a 
topping (overlay) of a different type of concrete shall 
comply with Figure 721.2.2.2. 

721.2.2.3 Multicourse roofs. The fire-resistance ratings 
of roofs which consist of a base slab of concrete with a 
topping (overlay) of an insulating concrete or with an 
insulating board and built-up roofing shall comply with 
Figures 721.2.2.3(1) and 721.2.2.3(2). 



CARBONATE BASE 



SILICEOUS BASE 




5 

4 

3 

2 

1 


12345 12345 

THICKNESS OF NORMAL-WEIGHT CONCRETE BASE SLAB, INCHES 



^S 


T 1 I 1 


™T~ 




>v ^\4hr. 






VNjhX 






Nuhr. N.^V 




■ 


i i X i 





CARBONATE OVERLAY 



SILICEOUS OVERLAY 




12345 12345 

THICKNESS OF SAND-LIGHTWEIGHT CONCRETE BASE SLAB, INCHES 

For ST: 1 inch = 25.4 mm. 

FIGURE 721 .2.2.2 

FIRE-RESISTANCE RATINGS FOR TWO-COURSE 

CONCRETE FLOORS 



2008 NEW YORK CITY BUILDING CODE 



143 



FIRE-RESISTANCE-RATED CONSTRUCTION 



two-way slabs with flat undersurfaces. These tables are 
applicable to slabs that are either cast in place or precast. 
For precast prestressed concrete not covered elsewhere, 
the procedures contained in PCI MNL 124 shall be 
acceptable. 

721.23.2 Reinforced beam cover. The minimum thick- 
ness of concrete cover to the positive moment reinforce- 
ment (bottom steel) for reinforced concrete beams is 



shown in Table 721.2.3(3) for fire-resistance ratings of 1 
hour to 4 hours. 

721.2.3.3 Prestressed beam cover. The minimum thick- 
ness of concrete cover to the positive moment 
prestressing tendons (bottom steel) for restrained and 
unrestrained prestressed concrete beams and stemmed 
units shall comply with the values shown in Tables 
721.2.3(4) and 721.2.3(5) for fire-resistance ratings of 1 



TABLE 721.2.3(2) 
COVER THICKNESS FOR PRESTRESSED CONCRETE FLOOR OR ROOF SLABS (inches) 



CONCRETE AGGREGATE TYPE 


FIRE-RESISTANCE RATING (hours) 


Restrained 


Unrestrained 


1 


1V 2 


2 


3 


4 


1 


1V 2 


2 


3 


4 


Siliceous 


X 


X 


X 


X 


X 


i'/ 8 


iv 2 


\x 


2% 


T-X 


Carbonate 


X 


X 


X 


X 


X 


i 


i 3 / 8 


1% 


2V 8 


27 4 


Sand-lightweight or lightweight 


X 


X 


X 


X 


X 


i 


i% 


1V 2 


2 


2% 



For SI: 1 inch = 25.4 mm. 



TABLE 721.2.3(3) 

MINIMUM COVER FOR MAIN REINFORCING BARS OF REINFORCED CONCRETE BEAMS 

(APPLICABLE TO ALL TYPES OF STRUCTURAL CONCRETE) 



RESTRAINED OR 
UNRESTRAINED 3 


BEAM WIDTH b 
(inches) 


FIRE-RESISTANCE RATING (hours) 


1 


^% 


2 


3 


4 


Restrained 


5 

7 

> 10 


X 
X 
X 


X 
X 
X 


X 
X 
X 


l a 

X 
X 


17/ 

X 

X 


Unrestrained 


5 

7 

>10 


X 
X 
X 


1 

X 
X 


l'/ 4 

X 
X 


IX 
1 


3 

I7 4 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. 

a. Tabulated values for restrained assemblies apply to beams spaced more than 4 feet on center. For restrained beams spaced 4 feet or less on center, minimum cover 
of 3 / 4 inch is adequate for ratings of 4 hours or less. 

b. For beam widths between the tabulated values, the minimum cover thickness can be determined by direct interpolation. 

c. The cover for an individual reinforcing bar is the minimum thickness of concrete between the surface of the bar and the fire-exposed surface of the beam. For beams 
in which several bars are used, the cover for corner bars used in the calculation shall be reduced to one-half of the actual value. The cover for an i ndividual bar must 
be not less than one-half of the value given in Table 721 .2.3(3) nor less than 3 / 4 inch. 

TABLE 721 .2.3(4) 
MINIMUM COVER FOR PRESTRESSED CONCRETE BEAMS 8 INCHES OR GREATER SN WIDTH 



RESTRAINED OR 
UNRESTRAINED 3 


CONCRETE 
AGGREGATE TYPE 


BEAM WIDTH b 
(inches) 


FIRE-RESISTANCE RATING (hours) 


1 


1V 2 


2 


3 


4 


Restrained 


Carbonate or siliceous 
Carbonate or siliceous 
Sand lightweight 
Sand lightweight 


8 
>12 

8 
> 12 


17 2 
l'/ 2 
l'/ 2 
17 2 


17 2 
17 2 

IV, 

l'/ 2 


17 2 
17 2 
17, 
IV, 


\X' 

17, 
17, 
17, 


27," 
IV 
2 a 
IV 


Unrestrained 


Carbonate or siliceous 
Carbonate or siliceous 
Sand lightweight 
Sand lightweight 


8 
>12 

8 
>12 


17 2 
1V 2 
I7 2 
1V 2 


\X 
17 2 
17, 

iv; 


27 2 

2 
1% 


5 C 
27, 
37 4 

2 


3 
27 2 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. 

a. Tabulated values for restrained assemblies apply to beams spaced more than 4 feet on center. For restrained beams spaced 4 feet or less on center, minimum cover 
of 3 / 4 inch is adequate for 4-hour ratings or less. 

b. For beam widths between 8 inches and 12 inches, minimum cover thickness can be determined by direct interpolation. 

c. Not practical for 8-inch-wide beam but shown for purposes of interpolation. 



2008 NEW YORK CITY BUILDING CODE 



145 



FiRE-RESISTANCE-RATED CONSTRUCTION 



3. Openings in the wall are protected in accordance 
with Table 715.4. 

Where openings in the wall are not protected as 
required by Section 715.4, the minimum dimension of 
columns required to have a fire-resistance rating of 3 
hours or less shall be 8 inches (203 mm), and 10 inches 
(254 mm) for columns required to have a fire-resistance 
rating of 4 hours, regardless of the type of aggregate used 
in the concrete. 

721.2.4.4 Precast cover units for steel columns. See 

Section 721.5.1.4. 

721.3 Concrete masonry. The provisions of this section con- 
tain procedures by which the fire-resistance ratings of concrete 
masonry are established by calculations. 

721.3.1 Equivalent thickness. The equivalent thickness of 
concrete masonry construction shall be determined in 
accordance with the provisions of this section. 

721.3.1.1 Concrete masonry unit plus finishes. The 

equivalent thickness of concrete masonry assemblies, 
T ea , shall be computed as the sum of the equivalent thick- 
ness of the concrete masonry unit, T e , as determined by 
Section 721.3.1.2, 721.3.1.3, or 721.3.1.4, plus the 
equivalent thickness of finishes, Tef, determined in 
accordance with Section 721.3.2: 



T ea - T e + T ef 



(Equation7-6) 



T e -V n /LH= Equivalent thickness of concrete 
masonry unit (inch) (mm). 

where: 

V n = Net volume of masonry unit (inch 3 ) (mm 3 ). 

L = Specified length of masonry unit (inch) (mm). 

H - Specified height of masonry unit (inch) (mm). 

721.3.1.2 Ungrouted or partially grouted construc- 
tion. T p shall be the value obtained for the concrete 



masonry unit determined in accordance with ASTM C 
140. 

721.3.1.3 Solid grouted construction. The equivalent 
thickness, Te, of solid grouted concrete masonry units is 
the actual thickness of the unit. 

721.3.1.4 Airspaces and cells filled with loose-fill 

material. The equivalent thickness of completely filled 
hollow concrete masonry is the actual thickness of the 
unit when loose-fill materials are: sand, pea gravel, 
crushed stone, or slag that meet ASTM C 33 require- 
ments; pumice, scoria, expanded shale, expanded clay, 
expanded